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Unformatted text preview: meritorious
grounds
 Effect
of
failure
of
conciliation
and
mediation
 o If
parties
fail
to
agree
upon
an
amicable
settlement,
Labor
 Arbiter
 shall
 terminate
 the
 conciliation
 and
 mediation
 stage
 and
 proceed
 to
 pursue
 the
 other
 purposes
 mentioned
above
 o Thereafter,
 Labor
 arbiter
 shall
 direct
 parties
 to
 simultaneously
file
their
respective
position
papers
on
the
 issues
 agreed
 upon
 by
 the
 parties
 and
 as
 reflected
 in
 the
 minutes
of
the
proceedings
 Non­appearance
of
parties
 o Non‐appearance
of
 complainant
or
petitioner
during
the
2
 settings
 for
 mandatory
 conciliation
 and
 mediation
 conference
scheduled
in
the
summons,
despite
due
notice
 thereof,
 shall
 be
 a
 ground
 for
 the
 dismissal
 of
 the
 case
 without
prejudice
 o In
 case
 of
 non‐appearance
 by
 the
 respondent
 during
 the
 first
 scheduled
 conference,
 the
 second
 conference
 shall
 proceed
 as
 scheduled
 in
 the
 summons.
 If
 the
 respondent
 still
fails
to
appear
at
the
second
conference
despite
being
 duly
 served
 with
 summons,
 the
 Labor
 Arbiter
 shall
 immediately
 terminate
 the
 mandatory
 conciliation
 and
 mediation
 conference.
 The
 Labor
 Arbiter
 shall
 thereafter
 • • 15
 • • allow
 the
 complainant
 or
 petitioner
 to
 file
 his
 verified
 position
 paper
 and
 submit
 evidence
 in
 support
 of
 his
 causes
of
action,
and
thereupon
render
his
decision
on
the
 basis
of
the
evidence
on
record.
 o It
 is
 incumbent
 upon
 the
 Labor
 Arbiter
 not
 only
 to
 persuade
 the
 parties
 to
 settle
 amicably,
 but
 equally
 to
 ensure
 that
 the
 compromise
 agreement
 entered
 into
 by
 them
 is
 a
 fair
 one
 and
 that
 the
 same
 was
 forged
 freely,
 voluntarily,
 and
 with
 full
 understanding
 of
 the
 terms
 and
 conditions
as
well
as
the
consequences
 Binding
effect
of
compromise
agreement
 o A
 judgment
 on
 a
 compromise
 agreement
 puts
 an
 end
 to
 litigation
and
is
immediately
executory.
 o Rules
 of
 Court
 requires
 a
 special
 authority
 before
 an
 attorney
can
compromise
the
litigation
of
his
clients
 o NLRC
 Rules:
 Attorneys
 and
 other
 representatives
 of
 parties
 shall
 have
 authority
 to
 bind
 their
 clients
 in
 all
 matters
 of
 procedure,
 but
 they
 cannot,
 without
 a
 special
 power
 of
 attorney
 or
 express
 consent,
 enter
 into
 a
 compromise
agreement
with
the
opposing
party
in
full
or
 partial
discharge
of
a
client’s
claim
 o General
Rubber
and
Footwear
Corporationv.
Drilon
 Wage
 Order
 No.
 6
 was
 issued
 increasing
 the
 statutory
 minimum
 wage
 rate.
 General
 Rubber
 applied
 for
 exemption
 but
 its
 application
 was
 denied.
Union
declared
a
strike.
Later,
the
company
 and
 Sto.
 Domingo,
 purporting
 to
 represent
 the
 striking
 workers,
 entered
 into
 a
 return‐to‐work
 agreement,
where
the
Union
agreed
not
to
demand
 the
differential
pay.
100
members
did
not
ratify
the
 document.

 Is
 the
 waiver
 agreement
 binding
 upon
 all
 the
 members
of
the
union,
even
those
who
did
not
sign
 it?
 The
100
workers
can’t
be
bound
by
the
agreement.
 Waiver
of
the
money
claims
is
a
personal
right.
For
 a
 waiver
 thereof
 to
 be
 legally
 effective,
 the
 individual
consent
or
ratification
of
the
workers
or
 employees
involved
must
be
shown.
 Since
Article
4
 of
 the
 return­to­work
 agreement
 was
 not
 enforceable
 against
 the
 non­consenting
 union
 members,
 the
 order
 of
 the
 National
 Wages
 Council
 must
 be
 regarded
 as
 having
 become
 final
 and
 executory
 insofar
 as
 the
 non­consenting
 union
 members
were
concerned.
 Quitclaim
and
waivers
 o Olacao,
et
al
v.
NLRC
 Employees
filed
a
complaint
for
unpaid
wages
and
 living
allowances
against
their
employer.
One
of
the
 issues
 was
 whether
 the
 documents
 each
 signed
 Lalay
Abala.
ALS2014B.
Labor
II.
 3. individually
 by
 complainants
 denominated
 as
 “Receipts
 and
 Release”
 were
 legally
 binding.
 In
 1978,
 complainants
 filed
 another
 complaint
 for
 illegal
dismissal,
praying
for
reinstatement
with
full
 backwages.
 Labor
 Arbiter
 dismissed
 the
 case
 but
...
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This document was uploaded on 03/11/2014.

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