A motorman received a total of P3,156,060.00 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, which the Branch successfully settled after it exerted all efforts to effect settlement.
Edgar C. Pilapil was repatriated due to alleged medical ailments sometime January 2018 after working on board M/V “VIGDIS KNUTSEN”, filed a complaint on August 30, 2018 for full disability benefits, compensatory moral and exemplary damages and attorney’s fees against his employer, Knutsen Philippines, Inc.
Regional Conciliation and Mediation Branch – NCR Director Feliciano R. Orihuela, Jr., in his report to OIC Executive Director Maria Teresita L. Cancio, said the complaint of Pilapil was successfully settled on October 25, 2018, after series of conciliation meetings presided by conciliator-mediator Francis A. Gonzalo, Jr.. Cancio commended RCMB-NCR conciliator-mediator Gonzalo for facilitating the settlement.
Pilapil 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