2. Procedure

Bargaining Procedure

The parties may agree on a more expeditious collective-bargaining procedure. In the absence of such an agreement or voluntary arrangement, the Labor Code procedure applies.

Labor Code Procedure in Collective Bargaining (Labor Code, Art. 261)

The following procedures shall be observed in collective bargaining:

• When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals the other party shall make a reply thereto not later than 10 calendar days from the receipt of such notice;
• Should differences arise on the basis of such notice and reply either party may request for a conference which shall begin not later than 10 calendar days from the date of request.
• If the dispute is not settled, the NCMB shall intervene upon the request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings.

The NCMB shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the NCMB may call.

• During the conciliation proceedings in the NCMB, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
• The NCMB shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator.