A Café Attendant received a total of P1, 831,445.00 in disability benefits as per CBA following the successful settlement of his complaint through Conciliation-Mediation. The complaint was initially filed as Notice to Arbitrate.  The Branch succeeded in settling the case after it exerted all efforts to effect possible settlement.

Mr. Alvin O. Delos Reyes was repatriated due to alleged medical ailments after working on board M/T “OVATION OF THE SEAS”, filed a complaint on January 18, 2018 for illness allowance, medical reimbursement, disability benefits as per CBA, attorney’s fees and other damages against his employer, RCCL Crew Management, Inc.

Regional Conciliation and Mediation Branch – NCR Director Feliciano R. Orihuela, Jr. , in his report to Executive Director Shirley M. Pascual, said the complaint of Mr. Delos Reyes was successfully settled on July 17, 2018, after series of conciliation meetings presided by conciliator-mediator Cresencia M. Pawingi. Pascual commended RCMB-NCR conciliator-mediator Pawingi for facilitating the settlement.

Mr. Delos Reyes received the above-stated amount as full settlement of his claims.

Notice to Arbitrate is the process introduced under DO 40-03 to operationalize the arbitration clauses in the CBA, which are sometimes ignored by one of the parties.  If the issue are grievable and are initially processed under the grievance procedure but did not proceed to its terminal step, the willing party may file to the NCMB Branch a Notice to Arbitrate to initiate the arbitration proceedings.

Under these schemes, complaints filed at the NCMB Branch are processed thru conciliation as the initial step. If the complaint is not settled despite conciliation-mediation efforts, the same is referred to voluntary arbitration.  Selection of voluntary arbitrator is facilitated by the Branch.

– Renato R. Canutal