National Conciliation and Mediation Board

Fausto 01:57 PM, Mar 03, 2021

March 3, 2021

Dear Wayne,

Thank you for your request dated Mar 03, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for settlement vs disposition rate.

We received your request on Mar 03, 2021 and will respond on or before Mar 24, 2021 12:38:44 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEU5DTUItNTE1MTIxMTM0OTI1DA, for request with ticket number #NCMB-515121134925.

Thank you.

Respectfully,

OIC-Chief Marife Fausto
FOI Officer

Audea 02:15 PM, Mar 04, 2021

March 4, 2021

Dear Wayne Palmer,

Greetings!

Thank you for your request dated Mar 03, 2021 12:38:44 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

You are asking for the difference between the settlement and disposition rates of conciliation-mediation cases. 
 
Attached for your guidance is Rule VIII of the NCMB Manual of Procedures for Conciliation-Mediation of cases defining the different modes of disposition of our cases. 

Settlement rate refers to the number of cases settled, as defined under letter a of  Section 1, divided number of cases handled for the period. "Cases Handled" is comprised of pending carried-over the previous period and the newly filed cases for the same period. If you take a look at subset of Settled cases (nos. 1-4), it can be gleaned that parties have reached an agreement either to the terms of settlement on the issues raised or to discuss further the issues in other alternative modes of dispute settlement. The filer may also decide not to pursue his/her claim by either withdrawing or not appearing in conferences duly called for (nos. 5-6).  It is computed on a per case type. Hence, there is a settlement rate for preventive mediation and a different settlement rate for notice of strike/lockout cases. 

Disposition rate, on the other hand, refers to the number of cases disposed by the conciliator-mediator which include the "Settled Cases" plus other cases in which conciliation-mediation proceedings before the NCMB is terminated but the case is pursued in some other venues (please refer to letters b to h of the Section 1) divided by the number of cases handled for the period.  Similarly, cases handled is comprised of pending cases carried over the previous period and the newly filed cases for the same period. It is computed also on a per case type. Hence, there is a disposition rate for preventive mediation and a different disposition rate for notice of strike/lockout cases. 

Your FOI request is approved. I enclosed a copy of the Modes of Disposition of Conciliation-Mediation cases , for your reference and guidance.

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Secretary Silvestre H. Bello III with email address, secshb3@dole.gov.ph, osec@dole.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

Deputy Executive Director Teresita Audea
FOI Receiving Officer

Attachments:
 Modes Of Disposition.pdf