KNOW ALL ME THESE
PRESENTS:
This MEMORANDUM OF AGREEMENT entered into by and between:
The
DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) through the NATIONAL
CONCILIATION AND MEDIATION BOARD (NCMB), a government agency, with office
address at the
The PHILIPPINE ASSOCIATION ON VOLUNTARY ARBITRATION through its NATIONAL CAPITAL REGION CHAPTER, (PAVA-NCR CHAPTER), with office address at c/o Voluntary Arbitration Center, Ground Floor, DOLE Bldg., Intramuros, Manila, represented herein by its National President CICERO D. CALDERON and its NCR Chapter President, EMMANUEL T. SANTOS.
WITNESSETH:
WHEREAS, The Philippine Constitution declares as State policy the principle of shared responsibility between workers and employers and the preferential use of voluntary modes of settling disputes including conciliation, mediation, and arbitration.
WHEREAS, the DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE, through the NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) is the appropriate government agency tasked to implement the State policy and law governing conciliation, mediation, and voluntary arbitration as preferred modes of labor dispute settlement;
WHEREAS, the DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), through the NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) has successfully facilitated the organization of the Philippine Association on Voluntary Arbitration, Inc., and its Regional Chapters nationwide, to serve as the counterpart non-government organization for the purpose of promoting the use and acceptance of voluntary arbitration as the preferred mode of labor dispute resolution, particularly collective bargaining agreements, interpretation or enforcement of company personnel policies, and all other labor cases upon agreement of the parties;
WHEREAS, the Tripartite Voluntary Arbitration Advisory Council in its 17th Regular meeting held on 28 August 1992 already agreed in principle to extend the voluntary arbitration subsidy to cover cases by individual complainants particularly in the unorganized sector;
WHEREAS, the Concord on Voluntary Arbitration dated 17 September 1992 entered into by representative organizations or workers, employers, and voluntary arbitrators, likewise recognizes that the processes and benefits of voluntary arbitration must be extended to labor cases involving workers in the unorganized sector;
WHEREAS, the PAVA-NCR CHAPTER has proposed to the NCMB its initial project that will 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 arbitration fees;
WHEREAS, the NCMB and the PAVA-NCR CHAPTER mutually recognize that the Project can be successfully carried out with the participation of Universities and Colleges with Legal Aid Offices duly accredited by the Supreme Court, the Integrated Bar of the Philippines Legal Aid Offices and other Legal Aid Offices of duly registered professional organizations of lawyers;
WHEREAS, under the Project, legal aid and voluntary arbitration services to be rendered by its members shall be cost-free to the parties subject to the availment, under the Special Voluntary Arbitration Fund, of a voluntary arbitration subsidy of ONE THOUSAND PESOS (P1,000.00) for each case, to be disposed of as follows:
P500.00 – for the services of the Voluntary Arbitrator, who will, in turn, remit the same to the PAVA-NCR Chapter to constitute as General Fund for the conduct of promotional activities on voluntary arbitration and training program for the professionalization of the services of its members; and
P500.00 – for the clerical and administrative services of the accredited voluntary arbitrator to be paid directly to him;
WHEREAS, the DOLE, through the NCMB, finds the project consistent, relevant and supportive of its mandate to promote voluntary arbitration as the preferred mode or labor dispute settlement;
NOW, THEREFORE, in view of the foregoing premises and consideration, the parties have hereunto agreed, as follows:
a. The DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) – NATIONAL CONCILIATION AND MEDIATION BOARD shall:
1. Set up a Secretariat headed by the NCR Branch Director and composed of such number of technical and administrative staff to perform, among others, the following functions:
1.1 To coordinate with the Public Assistance and Complaint Units of all NCR Branches, Units, Offices and Attached Agencies of the DOLE;
1.2 To screen the party or parties to cases who can avail and qualify for the Free Legal Aid and Voluntary Arbitration Services;
1.3 Facilitate the identification of issued to be submitted to voluntary arbitration;
1.4 Facilitate the execution by the parties of the Joint Submission Agreement;
1.5 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, and;
1.6 Coordinate the effective and efficient implementation and monitoring of the Agreement, including the setting up of appropriate systems and standard operating procedures.
2. Seek the passage and approval by the TVAAC and the Secretary of Labor and Employment of a resolution authorizing the release and availability of the voluntary arbitration subsidy under the terms and conditions referred to in this Agreement.
3. Pay the subsidy stipulated in this Agreement to PAVA-NCR Chapter.
B. The PAVA-NCR CHAPTER shall:
1. Certify the list of its members who will serve as voluntary arbitrators.
2. Provide the NCMB with an approved system and procedures in the selection or designation of voluntary arbitrators as the need arises.
3. Closely monitor the performance of its members.
C. Parties to this Agreement jointly agree to:
1. Conduct promotional activities and information campaigns to disseminate to the public and the intended beneficiaries the availability of the issue implementing guidelines to render effective and operational provisions of this Agreement.
2. Evaluate the effectiveness of the joint project from time to time as the need arises.
This Agreement shall take effect upon signing hereof, subject to periodic review.
Signed this 7th day of January 1992, Manila, Philippines.
SIGNED SIGNED
President President
PAVA-NCR Chapter Association
on Voluntary
Arbitration,
Inc.
SIGNED SIGNED
Executive Director IV Secretary
National Conciliation and Department of
Labor and
Mediation Board Employment
Chairman, Tripartite
Voluntary Arbitration
Advisory Council