A Bosun received a total of 2,732,400.00 in disability benefits following the successful resolution of his complaint through Conciliation-Mediation. The complaint was initially filed as Notice to Arbitrate.  Prior to arbitration, the RCMB-NCR exerted conciliation-mediation efforts to effect possible settlement.  The Branch succeeded in settling the case.

Mr. Arturo G. Brondial was repatriated due to alleged medical ailments after working on board M/T “RAY G”, filed a complaint on March 8, 2016 for total and permanent disability benefits, damages and attorney’s fees against his employer, Elburg Shipmanagement Philippines.

Regional Conciliation and Mediation Branch – NCR Director Teresita E. Audea , in her report to Executive Director Shirley M. Pascual, said the complaint of Mr. Brondial was successfully settled on June 9, 2016, after series of conciliation meetings presided by Conciliator-mediator Michelle Jean O Renido. Pascual commended RCMB-NCR Conciliator-mediator Renido for facilitating the settlement.

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

His case is just one of the hundreds of conciliation-mediation cases handled by the RCMB-NCR for the first quarter of 2016.

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

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