ALMACOP, Davao Chapter Levels Up with LevelUp 2017.2: LMC @ Work: Getting Connected

 

 GOOD NEWS

 

The Association of Labor Management Cooperation Practitioners-Davao Chapter in cooperation with the National Conciliation and Mediation Board, Regional Branch No. XI conduct the second Mindanao-wide activity hashtagged “LevelUp 2017.2:  LMC @ Work:  Getting Connected on August 17, 2017 at Brokenshire Resort and Convention Center, Fr. Selga St., Madapo Hills, Davao City.

 One hundred twenty one (121) attendees participated in this event from both labor and management sectors.

 Ms. Kristine Lazaga and Mr. Vincent Marie Pelicano from San Pedro Hospital of Davao City served as Masters of Ceremony.

 Dr. Gina Fe G. Israel, PHILAMCOP President gave the opening message and PHILAMCOP updates.

 The first Resource Speaker was Mr. J. Ricky M. Tagabucba, Board of Trustee of Davao City Chamber of Commerce & Industry, Inc.  He gave his insights on understanding Martial Law on the business industry.

 This was followed by Major General Noel S. Clement, Commanding Officer, 10th Infantry Division-Philippine Army, Armed Forces of the Philippines.

 There was an open forum after the two Resource Speakers moderated by Mr. Julius Jonelas, Public Relations Officer of ALMACOP.

 Auditor and Sports event coordinator Benj Tuble presented the ALMCOP upcoming events, a one-day labor and management fun bowl to be held on September 22, 2017, Friday at the NCCC Mall and fun run for the blind 3K, 5K and 10K with singlet on September 24, 2017.

 In the afternoon, the Resource Speaker was Father Navarro “Jun” S. Matas, Jr. OMI who gave the Spirituality of Connection:  Creating and Protecting Right Relationships.

 His talk caught the attention of most of the participants.  It seems as everybody did not want to miss a single word of Father Matas.  The venue was also filled with laughter and smiles as Father Matas cracked his jokes while preaching  the meaning of life and connecting it with one’s relationship with God, community, work, family and oneself.  “Spirituality is not about religion.  It is about your connection with your God, with the community, with your work, with your family but most importantly with yourself”, Father Matas stated.  “I am not particular with religion.  It does not matter whether you are a protestant or a Roman Catholic or a Muslim.  Or worse is do you belong to the religion of “Agwantista?” Agwanta way samba samba (in Bisaya dialect),” he added.

 The whole session served as one the means to remind all the people who attended both labor and management the importance of maintaining a harmonious relationship at work and attaining industrial peace, as a whole and of realizing the true values in life.  Sheila A. Rivera, LIO-Designate.

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A Waiter Receives Money Claims thru SEnA

PRESS RELEASE

 

A Waiter Receives Money Claims thru SEnA

 

A waiter receives his money claims more than what he expected.

Mr. Henrex Manibpel was formerly an employee of Tekton Entre Multi-Purpose Cooperative for six months.  He was a waiter assigned at Greenwich-Tacurong City.

On July 17, 2017, Manibpel sought assistance from NCMB-RBXI for allegedly delaying his voluntary saving deposit by management.

Hence, Cary Jun P. Montero, Single Entry Assistance Desk Officer invited both parties to a conciliation conference on July 26, 2017 for the resolution of the issue.  Management immediately manifested to pay his money claims two weeks from their appearance to process the check.

Truly, on August 16, 2017, Manibpel received not only his voluntary saving deposit, but also his pro-rated 13th month pay, 5 days service incentive leave and patronage refund for a total of 4,720.00.

Thus, the request was settled in one sitting only.

Manibpel thanked the office for his monetary claims.

Single Entry Approach (SEnA) program caters labor-related issues and has no prerequisites on the amount of money claims whether it is below P5,000.00 or more.

Tekton Entre Multi-Purpose Cooperative is a service contractor located at CFC Mission Center, Almond Drive, Phase 7, Ecoland Subd., Matina, Davao City. Sheila A. Rivera, LIO-Designate

NCMB-RBXI Resolves Notice of Strike in Mincorr

PRESS RELEASE

NCMB-RBXI Resolves Notice of Strike in Mincorr 

 

The Notice of Strike case at Mindanao Corrugated Fibreboard, Inc. was finally settled on the issue of bargaining deadlock, Conciliator-Mediator Oliver C. Jao announced on August 23, 2017.

On July 28, 2017, Mincorr Independent Workers Union (MIWU)-Sentro ng mga Nagkakaisa at Progresibong Manggagawa (SENTRO) requested the intervention of NCMB through Notice of Strike on the ground of bargaining deadlock.

The Union validated twelve (12) economic and all political as priority items.

During the conciliation conference on August 14, 2017, both parties agreed to limit the negotiations to five (5) economic items, namely, salary increase and lump sum, union office, midyear gratuity, union assistance and rice subsidy.

On the said date, the parties were able to agree on rice subsidy and HMO benefits.

During the marathon of conciliation conferences on August 16 and 17, 2017, parties were able to agree on almost all political and economic items.

On August 23, 2017 and after series of conciliation conferences by Con-med Jao, both parties finally agreed on all items particularly salary increase, lump sum and other political items.

As a result of this agreement, sixty (60) union members headed by Mr. Joel Banas will benefit for an estimated total monetary value of P5.5 M.

The company, Mindanao Corrugated Fibreboard, Inc. is a subsidiary company of San Miguel Corporation.  It is engaged in box manufacturing that caters to the corrugated carton requirements of fresh fruit exporters, tuna industry and other canned products industry.  Its principal place of business is located at Km. 12, Sasa, Davao City.  The company is represented by its plant manager, Mr. Rey B. Gudian.

The Union, Mincorr Independent Workers Union (MIWU), is affiliated with Sentro ng mga Nagkakaisa at Progresibong Manggagawa (SENTRO) and legitimate labor union represented by sixty (60) union members.  Sheila A. Rivera, LIO-Designate

MINCORR

GOOD NEWS

Good News

NCMB-RB XI Leads

Area-Wide Session entitled

“Department Order No. 174, Series of 2017, Updates on Labor Jurisprudence, Social Legislation and Productivity”

 

The National Conciliation and Mediation Board, Regional Branch No. XI holds an area-wide seminar entitled “Department Order No. 174, Series of 2017, Updates on Labor Jurisprudence, Social Legislation and Productivity on June 30, 2017 at the Villa Margarita, J. P. Laurel Ave., Bajada, Davao City.

 “This activity was conducted to help disseminate some labor laws which if violated are the root cause of labor problem of most companies.  Hence, the branch finds it necessary to initiate an orientation seminar which will serve as pro-active strategy to help remind companies on their legal obligations to their employees. In a way, this will somehow promote industrial peace in the region”, OIC-Dir. Reyes stressed out.

 Twenty seven (27) companies participated in this activity represented by forty seven (47) people from both labor and management sectors.

 Sheila A. Rivera, LEO III and Cary Jun P. Montero, Senior LEO served the hosts of the ceremony.

 OIC-Director Aerrine Marie R. Reyes gave the opening remarks.  This was followed by a welcome message and DOLE XI updates of Regional Dir. Raymundo G. Agravante.

 This undertaking was made even more significant as it was attended by Undersecretary Joel B. Maglungsod who also gave his inspirational message.

 Seven (7) Resource Speakers were invited to share their respective topics.

 Atty. Alvin B. Curada, Mediator-Arbiter of the Office of the Undersecretary for Labor Relations and Special Concerns gave the first topic on Salient Features of D.O. 174 series of 2017.

 He presented that D.O. 174 is a reiteration of the prohibition against labor only contracting.

 Atty. Curada emphasized that there are two instances wherein contracting or subcontracting is considered labor only contracting.

 In the first instance, the contractor or subcontractor does not have substantial capital or investments in the form of tools, equipment, machineries, supervision, work premises, among others and employees recruited and placed are performing activities which are directly related to the main business operation of the principal.

 The second instance is that the contractor does not exercise the right to control over the performance of the work of the employee.

 Atty. Ronieto B. Bata, one of the accredited Voluntary Arbitrators in Region XI and Vice President of Davao Accredited Voluntary Arbitrators Organization (DAVAO), Inc., was the second Resource Speaker.  He presented several jurisprudence related to labor disputes.

 The next resource speaker was Mr. Albert A. Bantan, Information Officer II of the Employees Compensation Commission (ECC).  “ECC is a government agency mandated by law to provide meaningful and appropriate compensation to workers in the event of work-related contingencies”, said Bantan.

 Mr. Bantan presented the different instances when an employee can avail the employees compensation program (ECP) benefits.

 According to Bantan, “There are many ECP benefits.  These are loss of income benefit, medical benefits, carer’s allowance, death benefits and rehabilitation services.”   “Under the ECP, it is not the illness or injury that is compensated but the incapacity to work as a result of the illness or injury that is being compensated”, he added.

 The topic was immediately followed by Atty. Chillete B. Bolo-Escovilla of the Operations Legal Department-Mindanao South 1 Division, Social Security System.

 This was followed by Ms. Kleah G. Dublin, Public Relations Officer II of Philhealth.

 The next resource speaker was from Pag-ibig Fund, Ms. Maridee dela Cerna.

 NCMB-RBXI Officials and Personnel also shared and cascaded their valuable experience and trainings in Singapore to the participants.

 Senior LEO Cary Jun P. Montero, Supervising LEO Nancy L. Lasquite, Conciliator-Mediator Oliver C. Jao and OIC-Director Aerrine Marie R. Reyes all shared their Singapore experience.

 The program ended with closing remarks given by OIC/Director of NCMB-RBXI, Aerrine Marie R. Reyes.

NCMB-RBXI Resolves Bargaining Deadlock at LBC

PRESS RELEASE

NCMB-RBXI Resolves Bargaining Deadlock at LBC

 

NCMB-RBXI settles Preventive Mediation and Notice of Strike cases on the ground of bargaining deadlock at LBC Express-SEM, Inc., Conciliator-Mediator Oliver C. Jao announced today.

On May 8, 2017, the company filed a Preventive Mediation case on the ground of bargaining deadlock.

On May 10, 2017, LBC Davao Employees Union-ADLO-KMU filed a Notice of Strike on the same ground.

On May 16, 2017, Con-med Jao validated the issues through an initial conciliation conference. These were scope of bargaining unit, union security, salary increase, retirement/gratuity pay, leaves (SL, VL, Birthday), Christmas bonus, rice allowance, hazard pay, signing bonus, uniform allowance, educational allowance, meeting allowance and union leave.

Hence, the branch proposed to the parties to trim down the issues to expedite the proceedings.  The Union then identified the major issues as scope of bargaining unit, union security, salary increase, rice allowance and retirement/gratuity pay.

On May 30, 2017, the union submitted the strike vote report with 90 who voted for yes out 104 total members.

The branch conducted a marathon conciliation conference on May 30 and 31, 2017.

On May 30, 2017, management offered a wage increase of 3% for the first year, 3% for the second year and 3.5% for the third year.  Other proposed items were hazard pay, rice allowance and retirement.

On May 31, 2017, management increased its offer of salary increase to 4% for the first, second and third year.

There were series of conciliation conferences conducted by Con-med Jao that helped resolve the issues.

After several separate and joint meetings, discussions, negotiations of both parties and with the untiring efforts of Con-med Jao and OIC-Dir. Reyes, parties finally came up with an agreement on July 28, 2017.

On the economic provisions, parties finally agreed for wage increase of P17.00 effective September 1, 2017, P18.00 effective September 1, 2017 and P18.00 effective September 1, 2018.

Other economic provisions agreed were rice allowance, retirement, educational allowance, uniform allowance, vacation leave, sick leave, emergency leave, birthday leave, birthday gift, paternity leave, Christmas bonus, Christmas package and hazard pay.

The LBC Express-SEM, Inc. is a corporation engaged in cargo forwarding and money remittance.  Its corporate office is located as DR Mezzanine Floor, C.M. Recto Avenue, Davao City.  It is represented by Ms. Lady Dianne D. Mallari, Area Manager and Mr. Cesar Atibagos, Jr., Regional Vice President-Mindanao.  It has one hundred eighty (180) total workforce.

The Union, LBC Davao Employees Union, is the certified sole and exclusive bargaining agent to represent the rank-and-file employees for collective bargaining purposes represented by Mr. Jeremy E. Culiao, Union President.  It is affiliated with Association of Democratic Labor Organization-Kilusang Mayo Uno.

Press Release

PRESS RELEASE

NCMB-RBXI Settles Bargaining Deadlock at PJACC

NCMB-RBXI settles Preventive Mediation case at Philippine-Japan Active Carbon Corp. in two sittings only benefitting 123 workers with an estimated monetary benefit of P7,393,820.00, OIC-Director Aerrine Marie Reyes announced today.

On June 2, 2017, Nagkahiusang Mamumuo sa PJAC-Federation of Democratic Labor Organization filed a Preventive Mediation case for bargaining deadlock.

During the initial conciliation conference on June 14, 2017, the union validated thirteen (13) deadlock items covering wage or salary increase, educational assistance, educational loan, signing bonus, collective union leave, service awards, vacation leave, sick leave, bereavement leave, calamity leave, midyear bonus, hospitalization and medical services of employees and direct dependents and free-ride of CBA benefits.

Both parties presented their proposal on the abovementioned items.

On June 23, 2017, parties after series of separate meetings and with the facilitation of OIC-Dir. Reyes mutually agreed and came up with the forging of settlement.

Citing from the settlement report of OIC-Director Reyes, one significant item they agreed is the salary increase of P1,300.00 per month for 2017, 2018 and 2019.  In addition, 18 days of sick leave if unused are convertible to cash. This agreement is new as this was not included in their previous collective bargaining agreement, Reyes said.

 In addition, the management commits for voluntary compliance on regularization as mandated under DOLE Department Order No. 174 after re-evaluation of the existing manpower.

The company, Philippine-Japan Active Carbon Corp. (PJACC), is one of the world’s finest manufacturers of activated carbon from coconut shell charcoal.  Activated carbon is widely used to absorb organic compounds from water and wastewater.  It provides a means of removing tastes and odors from drinking water.

PJACC has a total workforce of one hundred twenty three (123) and it is represented by Executive Vice President/General Manager, Mr. Takashi Tokumori, a Japanese National.

The union, Nagkahiusang Mamumuo sa PJAC-FDLO is the sole and exclusive bargaining agent and represents sixty seven (67) rank and file employees.  It is headed by its Union President, Mr. Normalito Belandres, Sr.

Press Release

PRESS RELEASE

 

Worker Receives Retirement Pay  of 55,000 thru SEnA

Region XI – Another worker receives retirement pay in the amount of Fifty Five Thousand Pesos (P55,000.00) through the SEnA program.

Mr. Tito Lito B. Lebante filed a request for assistance (RFA) on May 8, 2017 at the National Conciliation and Mediation Board, Regional Branch No. XI to claim for his retirement benefit.

On May 16, 2017, both parties appeared before SEADO Sheila A. Rivera to resolve the issue on retirement pay for Mr. Lebante, a piece-rate worker of LITL K Ventures, a contractor of Highland Banana Corp.

On May 31, 2017, both parties finally agreed on the amount of Fifty Five Thousand pesos (P55,000.00) and said amount was readily given to Mr. Lebante.

“I am very grateful that there is SEnA program.  I do not want to complicate this issue nor elevate it to a case”, Lebante said.

 LITL K Ventures is one of the service contractors in Region XI located at 108 Narra St., Poly Subd., Matina Aplaya, Davao City.

GOOD NEWS

DAVAO, Inc. and NCMB-RB XI Jointly Hold 

Area-Wide Seminar

“Fundamental Rights of Workers and Management in the Current Times”

 

Region XI – The Davao Accredited Voluntary Arbitrators Organization (DAVAO), Inc. in cooperation with National Conciliation and Mediation Board, Regional Branch No. XI holds an area-wide seminar entitled “Fundamental Rights of Workers and Management in the Current Times” on June 9, 2017 at the Grand Men Seng Hotel, Magallanes St., Davao City.

One hundred fifty one (151) representatives participated in this event.  They compose both labor and management sectors from eighty two (82) companies.

The program started with a prayer and national anthem given by LEO III Sheila A. Rivera of NCMB-RBXI.

There were significantly four (4) topics presented.

Gen. Nicanor A. Bartolome (Ret.) presented the first topic, “Effective Communication Skills”.  Bartolome highlighted the tips for developing effective communication skills, the delivery techniques and some ideas for public speaking.

Atty. Alvin B. Curada, Mediator-Arbiter of the Office of the Undersecretary for Labor Relations and Special Concerns was the Resource Speaker on Labor Inspection for Contracting Arrangement.  He presented the legal framework of contracting in the Philippines.  With the implementing rules of Article 106-109 of the Labor Code as the basis, there were a number of Department Orders of DOLE issued on the issue of contracting and subcontracting arrangements.  “These are the Department Order no. 10, series of 1997, D.O. 3, series of 2001, D.O. 18, series of 2002 and D.O. 18-A, series of 2011”, Atty. Curada stated.

He then presented the salient features of the latest issuance, D.O. 174, series of 2017.  Basically, it reiterates the prohibition against labor-only contracting and expands illicit forms of employment arrangement such as contracting out of work to an in-house cooperative, requiring employees to become members of cooperative and other schemes, practices or arrangements designed to circumvent workers’ right to security of tenure.  Furthermore, D.O. 174 increases the substantial requirement from Php3M to Php5M and a registration fee from Php25,000 to Php100,000 to remove fly-by-night contractors.  It also shortens the validity of the Certificate of Registration from 3 years to 2 years.

According to Atty. Curada, the number of agency-hired workers doubled from 316,423 in 2003 to 621,905 in 2014.  Engagement of agency-hired workers is prevalent in manufacturing (244,538), wholesale and retail trade (90,763), accommodation and food service (43,354) and crop and animal production (41,588).  In 2014, there are 1,335,673 non-regular workers, he added.

Atty. Curada stressed, “There is now a new definition of regular employees which was commonly defined as necessary and desirable.  It is now employees performing activities directly related to the main business operation of the principal”.

Atty. Vincent C. Juan, legal counsel for Pilipinas Shell Petroleum Corp., was the second Resource Speaker.  He discussed about the different employment arrangements as well as management prerogative and cited latest Supreme Court decisions.  Citing from the case of Universal Robina Sugar Milling Corp. and Rene Cabati, G.R. No. 186439, 15 January 2014, Atty. Juan clearly stated, “Where the seasonal employees had been hired repeatedly and continuously to perform the same tasks or activities for several seasons or even after the cessation of the season, this length of time may likewise serve as badge of regular employment.”

He further presented causes of termination both authorized and just as exercise of management prerogative.

The third and last resource speaker was Mr. Niel D. Grumo, Information Officer III of the Social Security System, Davao branch.  His topic was about the legal obligations of employers in terms of SSS.

The program ended with closing remarks given by OIC/Director of NCMB-RBXI, Aerrine Marie R. Reyes.

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Press Release

Press Release

 

Through SEnA Worker Receives Retirement Pay of P226,125.00

Region XI – One (1) worker receives retirement pay in the amount of Two Hundred Twenty Six Thousand and One Hundred Twenty Five Pesos (P226,125.00) through the SEnA program.

Mr. Francisco Calape filed a request for assistance (RFA) on April 11, 2017 at the National Conciliation and Mediation Board, Regional Branch No. XI on the issue of retirement pay.  This was facilitated by Sheila A. Rivera, Single Entry Assistance Desk Officer (SEADO).

On April 17, 2017, both parties appeared before Rivera to clarify the issue raised by Mr. Calape, a former laborer for thirty years at WVP Lopsons, Inc.

In one sitting only, SEADO Rivera facilitated and helped simplified the issue on the term of payment and both parties agreed.  Management grants the retirement benefit of Mr. Calape on an instalment basis on April 21, May 12 and May 26, 2017 which totalled to Two Hundred Twenty Six Thousand One Hundred Twenty Five Pesos.

Mr. Calape was very grateful that finally his retirement was fully granted.

WVP Lopson’s, Inc. is a general merchandise wholesale and retail in Region XI located at F. Bangoy St., Davao City represented by Mr. Dave Y. Lao, Corporate Secretary.

Press Release

NCMB-RBXI Settles Notice of Strike at Holy Cross of Davao College

 

The Notice of Strike filed by Holy Cross of Davao College Faculty Union-Association of Democratic Labor Organization-Kilusang Mayo Uno was finally settled on April 19, 2017, OIC/Director Aerrine Marie R. Reyes announced today.

The union filed a Notice of Strike on March 22, 2016 for collective bargaining deadlock particularly on longevity pay and COLA and other economic issues such as agency fees of faculty with special assignment, faculty on leave without pay, salary increase, etc.

Holy Cross of Davao College and Holy Cross of Davao College Faculty Union-ADLO-KMU discussed their positions on the longevity and COLA issues.  After series of and joint meetings, parties agreed that the reckoning period on the grant of longevity pay shall start in 1997 onwards and that the said longevity was fully implemented as cumulative and incorporated in the basic pay starting 1997 until 2009.

However, on April 4, 2017, the union conducted strike vote and submitted the result on April 5, 2017 with 80 yes out of 139 total union members.

Citing from the report of Con-med Oliver Jao, management also presented three (3) examples of retirement pay computation as requested by the union during the March 29, 2017 conciliation to show proof of compliance of the longevity pay.  After the presentation, the parties agreed on the issue of longevity except for the issue on whether it shall be included in the computation of 13th month and retirement pay as well as the issue on reckoning period for the longevity adjustment.

On April 7, 2017, parties agreed that the longevity pay shall be included in the computation of 13th month pay and the retirement pay which shall start in the school year 2010-2011.

After series of conciliation conferences, suggestions and proposals from this office and discussions between parties, parties finally agreed on COLA of P450.00 for the school year 2012-2013 onwards.  This shall be payable within two (2) months from the signing of the final agreement, P15.00 meal allowance shall be renamed as COLA and shall be included in the computation of 13th month pay and retirement pay.

Another agreement was death assistance of P10,000.00 for member and P7,500.00 for immediate family.

Other economic provisions were also agreed such as hospitalization and medical assistance, rice allowance, educational upliftment program and other economic benefits.  Total monetary benefit is estimated at P5,200,000.00.

This case was facilitated by Conciliator-mediator Oliver C. Jao.

Holy Cross of Davao College is an educational institution presently supervised by the Roman Catholic Bishop of Davao City with principal place of business at Sta. Ana Avenue, Davao City.  It has a total employment of four hundred five and represented by Ma. Iris A. Melliza, EdD, Chairperson, Management Panel.

The Union, Holy Cross of Davao College Faculty Union-ADLO-KMU is the sole and exclusive bargaining agent of one hundred thirty eight (138) faculty members. It is represented by its President, Socrates Ruel D. Luayon.  Sheila A. Rivera