We shall take off from a recall of our past discussion. Within SLU, a case may be settled through the grievance procedure as shown in these steps:
1. Filing of the letter of complaint to the UFESLU President by an employee
The National Conciliation and Mediation Board (NCMB) is a part (attached agency) of the Department of Labor and Employment (DOLE), the other agency being the National Labor Relations Commission (NLRC). To illustrate,
DOLE l----- NCMB
But these two agencies – NCMB and NLRC – have different issues that they handle. The issues that may be brought before the NLRC will be discussed later.
No employee can directly file a case against an employee to the NCMB. The case must FIRST pass through the Grievance Procedure outlined in the CBA before it can go to the NCMB.
As the term implies, the function of the NCMB is mediation (arbitration) and conciliation.
Conciliation is done by the Head of the NCMB. In this stage, the parties are compelled to appear before the Head of the NCMB for possible settlement. Should this fail, the case goes to mediation or arbitration.
In the arbitration stage, a voluntary arbiter (VA) is selected by mutual agreement of the parties to mediate and render a decision based on an impartial appreciation of the facts. The NCMB has a list of accredited voluntary arbitrators (AVA) where the parties can select. The AVA renders a decision similar to a judge.
If one of the parties does not accept the decision of the AVA, he/she may appeal to the Court of Appeals (CA). From the CA, appeal may be made to the Supreme Court (SC).
The NCMB is located at the Benitez Court, Magsaysay Avenue, Baguio City (in front of AMA Computer School).