OFFICE ORDER NO. 17

Series of 1993

 

 

Pursuant to Office Order No. 68, Series of 1991, and the Memorandum of Agreements on the Free Legal Aid and Voluntary Arbitration Services Program between the NCMB-DOLE and the Office of Legal Aid of the College of the University of the Philippines.  The Clinical Legal Education and Legal Aid Program of the College of Law of Ateneo de Manila University; the Sebastinian Office of Legal Aid of the College of Law of San Sebastian College and the Philippine Association on Voluntary Arbitration National Capital Region Chapter (PAVA-NCR Chapter), establishing on Interim Secretariat at the NCMB-NCR to assist in the implementation of the said project, the following guidelines are hereby issued to govern the functions and operations of the Secretariat:

 

1.                              PURPOSE

 

1.                  To promote the use and acceptance of voluntary arbitration as the preferred mode of labor dispute resolution and as better alternative than the usual protracted litigation that characterizes the labor dispute settlement machinery.

 

2.                  To provide Free Legal Aid and Voluntary Arbitration Service to workers in the organized and unorganized establishments as well as unions which are in the organizational stage who have unresolved grievances and complaints arising from employer-employee relations and do not have necessary funds to pay the cost of voluntary arbitration proceedings including the Voluntary Arbitrator’s fees.

 

3.                  To provide adequate legal representation of needy clients with the support and assistance of Voluntary Arbitration Advocates.

 

II.                                                                                    STRUCTURE

 

1                                                        The Secretariat shall operate as an integral unit of the office of the NCR Branch Director.  The members to be designated shall be responsible officials with strong orientation on human relations, working knowledge of the NCMB’s structural-functional set-up, policies and operating procedures, and demonstrated ability and aptitude for liaisoning.

 

2.      The Secretariat shall be composed of the following personnel:

 

 

Chairman :        DIRECTOR REYNALDO R. UBALDO

Members  :       CONMED FRANCISCO G. JOSE

                        CONMED ABNER M. PADILLA

                        CONMED CONRADO G. PASCO

                        CONMED ALVIN M. VILLAMOR

                        CONMED WALFREDO D. VILLAZOR

 

Technical Support:        GEORGE R. RIDAD

                                    CYNTHIA C. FONCARDAS

                                    ANTONIO E. BUENA

                                    JOSELITO C. GREGORIO

                                    CRISTINA B. TORREVILLAS

                                   

Administrative Support: ADELAIDA M. DE CASTRO

                                    OLIVIA B. MACAWILI

                                    REYNALDO FONCARDAS

                                    TERESITA ALEJAN

                                                LUCY L. MONTESA

 

III.             FUNCTIONS

 

The Secretariat, in addition to their regular functions, shall perform the following:

 

1.      To coordinate with the Public Assistance and Complaints Units of the DOLE’s Bureaus and Offices, including the NCR Branches, Units, and those of Attached Agencies and ensure referral of cases to be decided on the merits to voluntary arbitration;

 

2.      To screen the party or parties to cases who can avail of the Free Legal  Aid and Voluntary Arbitration Service:

 

3.      To facilitate the identification of issues to be submitted to voluntary arbitration, the reliefs  to be sought and the execution by the parties of the Joint Submission Agreement;

 

4.      To facilitate the selection/designation of the voluntary arbitration advocates who will represent the concerned worker/s or union and the Accredited Voluntary Arbitrator from the PAVA-NCR Chapter list of members who will hear and decide the case;

 

5.      To coordinate the effective and efficient implementation and monitoring of the Memorandum of Agreements including the setting up of appropriate systems and standard operating procedures; and

 

 

6.      To process and pay the subsidy stipulated in the Memorandum of Agreement to the PAVA-NCR Chapter, the concerned Voluntary Arbitrator, and the Legal Aid Office who handled the case.

 

IV.                        OPERATING PROCEDURE

 

1.      A complaint or request for assistance whether filed personally or in writing, or indorsed/referred by other government agencies, non-government organizations, local government units and the offices of the mass media, shall be immediately recorded/docketed by the Receiving Officer who shall cause its entry in a logbook provided for this purpose.  The entry should indicate the date of filing, name and address of complaint/s or party/ies requesting assistance, nature and subject of the complaint or request.

 

2.      If the complaint or request for assistance is filed verbally, it shall be reduced in writing by the CONMED and/or Technical Staff for this purpose, FLAVAS Form No. 1 shall be used.

 

3.      After entry in the logbook, the complaint or request shall be immediately assigned by the Chairman to a ConMed and/or Technical Staff who shall forthwith act on the same.  The FLAVAS Form No. 2 (Referral Slip) Shall be used.

 

 

 

 

 

4.      The ConMed and/or Technical Staff assigned to process the complaint or request for assistance shall immediately call the parties to a conference and determine if the issue/s involve interpretation or implementation of the CBA provision, interpretation or enforcement of company personnel policies, wage distortion, unfair labor practices, money claims, termination/dismissals.

 

5.      The ConMed and/or Technical Staff Assigned shall exert best efforts to effect a voluntary settlement.  In the absence of a settlement, he shall encourage and convince the parties to submit their dispute to voluntary arbitration.

 

6.      The ConMed and/or Technical Staff Assigned shall facilitate and assist the parties in the identification of issue/s to be arbitrated; determination of specific remedy to be sought; execution of Submission Agreement; selection and appointment of the Voluntary Arbitrator or Panel of Voluntary Arbitrators; and referral of the case to the participating Legal Aid Office.

 

 

7.      After having completed this process, the ConMed and/or the Technical Staff concerned thru the Secretariat shall immediately forward the case to the chosen Voluntary Arbitrator or Panel of Voluntary Arbitrators.

 

8.      The Secretariat shall coordinate with the participating Schools and the AVAs to monitor the progress of the case.

 

9.      The Secretariat shall submit a report of its operations to the NCMB Executive Director thru the NCMB Deputy Executive Director for Plans, Programs and General Administration, copy furnished the PAVA-NCR Chapter on the disposition of complaints and requests for assistance, indicating the nature of the same, action taken and results achieved, and period within which disposition was accomplished.  For purposes of reporting, FLAVAS Form No. 3 shall be used.

 

10.  All parties involved in the Project are expected to exercise UTMOST TACT AND COURTESY in the handling of a complaint or request for assistance.  Equally important is the fair and expeditious disposition of such complaint and request.

 

These guidelines shall take effect immediately.

 

Manila, Philippines 01 February 1993.

 

 

BUENAVENTURA C. MAGSALIN

Executive Director IV