In collective bargaining, it is necessary for the parties to adopt an open exchange of ideas, an availability to listen, and a respect for the opinions of each member.But the great doubt arises when despite the attempts to resolve the conflict, the refusal remains latent , and hindering the full enjoyment of constitutional law, however, it is here, at this time where the leading role of the Ministry of Labor takes preponderance to process and provide a peaceful solution in this specific case. The objective of this research is to describe the procedure used by the Ministry of Labor to resolve the conflict that arises in the face of the employers' refusal to initiate talks on the petition. The methodological strategy is part of the qualitative approach research, basically in those that fall within the scope of the Historical - Hermeneutical Paradigm, since the article is focused on understanding and identifying the procedure used by the Ministry of Labor in the face of refusal to negotiate. The main conclusion reached is the procedure that must be motivated based on articles 55 and 56 of the national constitution and the constitutionality block.