MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY 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
and
The UNIVERSITY
OF THE PHILIPPINES, through the COLLEGE OF LAW, with office address
at the UP Campus, Diliman,
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 disputes 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 on issues related to the interpretation or implementation of 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 of, 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 union 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 the Universities and Colleges with Legal Aid Offices duly accredited by the Supreme Court, the Integrated Bar of the Philippines Legal Offices and other Legal Aid Offices of duly registered professional organizations of lawyers;
WHEREAS,
the NCMB recognizes that the COLLEGE OF LAW of the UNIVERSITY
OF THE PHILIPPINES, through the U.P. OFFICE OF LEGAL AID, can make
available the services of selected Senior Students enrolled in Law Practicum I
and Ii to provide legal assistance and counseling to said workers in presenting
their cases before accredited Voluntary Arbitrators, who are members of the
PAVA-NCR
CHAPTER.
WHEREAS, the COLLEGE OF LAW OF THE UNIVERSITY OF THE PHILIPPINES, through the U.P. OFFICE OF LEGAL AID, has the capability to provide adequate legal representation of needy clients with the support and assistance of Voluntary Arbitration Advocates composed of selected Senior Law Students whose services will be credited as part of their compliance with the academic requirements for Law Practicum I and II;
WHEREAS, under the Project, legal aid and voluntary arbitration services to be rendered by the U.P. Office of Legal Aid shall be cost-free to the parties subject to the availment, under the Special Voluntary Arbitration Fund, of a voluntary arbitration subsidy of SEVEN HUNDRED FIFTY PESOS (P750.00) for each case to be paid directly to the U.P. Office of Legal Aid, to answer for clerical and administrative costs and other expenses incidental to the representation of concerned workers and unions before the voluntary arbitrators;
WHEREAS, the DOLE, through the NCMB finds the project completely consistent, relevant and supportive of its mandate to promote voluntary arbitration as the preferred mode of 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 and ensure referral of cases to be decided on the merits, to voluntary arbitration;
1.2 To screen the workers and unions who can avail of and qualify for the Free Legal Aid and Voluntary Arbitration Services;
1.3 Facilitate the identification of issues to be submitted to voluntary arbitration;
1.4 Facilitate the execution by the parties of the Joint Submission Agreement;
1.5 Facilitate selection/designation of the voluntary arbitration advocates from the certified list of Law Interns coming from the roll of Senior Students enrolled in Law Practicum;
1.6 Coordinate the effective and efficient implementation and monitoring of the Agreement, including the setting up of appropriate systems and standard operating procedures.
B.
The
1. Select six (6 ) Law Interns, which may be increased from time to time as the need arises, from the roll of Senior Students enrolled in Law Practicum for training and assignment as Voluntary Arbitration Advocates, who will serve as a pool of paralegal officers for purposes of representing workers during the voluntary arbitration proceedings.
The selection of Voluntary Arbitration Advocates shall be based on an application process to determine their qualifications according to the following criteria:
i) strong interest in specializing in Labor Law;
ii) strong interest in promoting alternative means of settling disputes;
iii) willingness to undergo special training as Voluntary Arbitration Advocates, to be conducted by the NCMB;
iv) grades of “2.0” or better in Labor Law or Labor-related subjects;
v) commitment to the task assigned.
2. Represent workers referred to the U.P. Office of Legal Aid for voluntary arbitration proceedings by means of an official Referral Letter from the NCMB;
Only the selected Voluntary Arbitration Advocates shall be allowed to handle such cases from the time of application to the termination of application to the termination of the case.
Each Voluntary Arbitration Advocate shall not be allowed to handle a number of voluntary arbitration cases which exceed fifty percent (50%) of his total case load for the semester.
3. Provide the use of its Office of Legal Aid facilities as hearing room for the use of PAVA-NCR members.
2. Accept a stipend of Seven Hundred Fifty Pesos (P750.00) per case after referral of the case by NCMB.
The said stipend shall be expended only for the operational or incidental expenses in handling the case, such as transportation, reproduction or documents, and similar out-of-pocket expenses.
Disbursements from such stipend shall be made in accordance with the U.P. Office of Legal Aid’s policies on the matter.
D. All 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 FREE LEGAL AID and VOLUNTARY ARBITRATION SERVICE as provided in this Agreement.
2. Issue implementing guidelines to render effective and operational the provisions of this Agreement.
3. Evaluate the effectiveness of the joint project from time to time as the need arises.
This Agreement shall take effect upon signing hereof until rescinded or superseded by another Agreement.
Signed this 7th day of January 1992, Manila, Philippines.
(Signed)
EMERLINDA R. ROMAN
Chancellor
U.P. Diliman Campus
University of the Philippines
(Signed) (Signed)
MA. NIEVES R. CONFESOR BUENAVENTURA C. MAGSALIN
Secretary Executive Director IV
Department of Labor National Conciliation and
And Employment Mediation Board
Chairman, Tripartite
Voluntary Arbitration
Advisory Council