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Opinion

The NCMB: A High Performing Agency

WHAT MATTERS MOST - Atty Josephus Jimenez - The Freeman

If I could nominate a government agency for the Magsaysay Awards or for the Lingkod Bayan Award of the Civil Service Commission, my top of mind among the many bureaus, commissions and boards is the National Conciliation and Mediation Board or NCMB. Its first Executive Director when it was established by law in 1987 Atty.  Bienvenido E. Laguesma, now DOLE Secretary and its current agency head is Executive Director IV Maria Teresita D Lacsaman-Cancio.  I have plenty of reasons for such an intended nomination.

Executive Order No. 126, issued by then newly installed President, Corazon C Aquino, on January 31, 1987 created the National Conciliation and Mediation Board (NCMB) as an agency attached to the Department of Labor and Employment (DOLE). The NCMB absorbed the conciliation, mediation, and labor-management functions of the Bureau of Labor Relations and its counterparts in the regional offices of the Department. The NCMB formulates policies, develops plans and programs, and sets standards and procedures relative to the promotion of conciliation and mediation of labor disputes, administration of the voluntary arbitration program, and the promotion of other cooperative, non-adversarial, and voluntary modes of labor dispute settlement.

Through its labor-management cooperation programs, the NCMB facilitates the setting up of functional mechanisms for information sharing, effective consultation and group problem-solving whereby labor and management can jointly and voluntarily discuss matters covered by their collective agreements. In so doing, the Board renders advisory and counseling services on various aspects of labor-management relations. Executive Order 251 issued on July 25, 1987 provides for the appointment of an Administrator and Deputy Administrator and the establishment of regional offices to implement laws, policies, plans, programs, projects, rules and regulations of the Department, provide economical, efficient and effective service to the people, coordinate with other regional offices of the departments and agencies, coordinate with LGUs and perform such other functions as directed by the DOLE Secretary.

Regional Offices, District Offices and Provincial Extension Units were created by virtue of EO 251. The Department is hereby authorized to establish, operate and maintain such Department-wide Regional Offices, District Offices and Provincial Extension Units in each of the administrative regions of the country, insofar as necessary to promote economy and efficiency in the delivery of its services. Each Regional Office shall be headed by a Regional Director who shall have supervision and control thereof. The Regional Director, whenever necessary, shall be assisted by an Assistant Regional Director. Since its creation, the NCMB has prevented thousands of labor disputes from escalating into full-blown strikes through its very fast and effective, fair and free conciliation and mediation as well as its inexpensive voluntary arbitration systems.

The NCMB’s promotion of LMC’s or the Labor-Management Councils and the Grievance Machineries as better ways of resolving labor disputes had been very successful. The workers have been awarded millions of their monetary claims without too much delay nor high litigation expenses. The NCMB has achieved by leaps and bounds in its efforts to promote voluntary arbitration as a better alternative to compulsory arbitration. The workers and their employers choose their own arbitrators and their cases are heard with a sense of urgency and fairness. This writer has promulgated no less than 12 decisions in the first six months of the year and has awarded millions to seafarers in terms of permanent total disability. My decisions had been implemented by the respondent companies even pending appeal and Issue writs of execution for the implementation of my judgments.

As national president of PAVA, or the Philippine Association of Voluntary Arbitrators, I can say without fear of much contradiction that the NCMB has been very successful in training and screening competent and conscientious professionals who serve as voluntary arbitrators and offer their services as our contribution to the crucial task of administering labor justice, especially in hard times like today. I therefore seek the opportunity to nominate the NCMB for an award that it immensely deserves.

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