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8/12/2019 Cba Briefing
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CBA BRIEFING
February 12, 2013
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RIGHTS AND DUTIES OF THE
EMPLOYER (PRE-CBA)
Meet and convene promptly andexpeditiously in good faith with the unionafterthe latter requests negotiation
The employer is not under any legal duty toinitiate contract negotiation (Kiok Loy vs.NLRC)
No compulsion for any party to agree to aproposal or to make any concession
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RIGHTS AND DUTIES OF THE
EMPLOYER (PRE-CBA)
Disclose up-to-date financial informationupon request of the union
Material and necessary to negotiations
Correlative right to demand up-to-datefinancial information from the union
Continue exercise of management
prerogatives in good faith
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GOOD FAITH BARGAINING
Deal with each other with open and fair mindand sincerely endeavor to overcome obstaclesor difficulties existing between the parties.
The adamant insistence in good faith on abargaining position to the point where the
negotiations reach an impasse is not deemed aviolation of the duty to bargain. (Divine WordUniversity of Tacloban v. Secretary of Labor, 1992)
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RIGHTS AND DUTIES OF THE UNION
(PRE-CBA)
Demand collective bargaining negotiation
Demand up-to-date financial information
Act as the representative of its members forthe purpose of collective bargaining
To undertake all other activities for thebenefit of its members
Observe good faith in the bargaining process
Comply with existing company policies
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UNION MEMBERSHIP
Who cannot join?a) Managerial employees
b) Confidential employees
Twofold test:1. Assist or act in a confidential capacity
2. In regard to persons who formulate, determine,and effectuate management policies in the field of
labor relationsc) Supervisory employees cannot join R&F
union
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CBA BENEFICIARIES
All workers in the bargaining unit. Evennon-member employees are entitled tothe benefits of the contract.
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Can you have 2 sets of benefits?
NO It bears noting that the goal of the DOLE is geared
towards a single employer wide unit which is more tothe broader and greater benefit of the employees
working force.The philosophy is to avoid fragmentationof the bargaining unit so as to strengthen theemployees' bargaining power with the management. Toveer away from such goal would be contrary, inimicaland repugnant to the objectives of a strong anddynamic unionism. (Phil. Diamond Hotel vs. ManilaDiamond Hotel Employees Union, 2006)
It might also be considered ULP (discrimination)
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UNION SECURITY CLAUSE
Open shop Closed shop Union shop Maintenance of membership shop Agency shop
[T]heindividual employee's right not to join a union maybe validly restricted by a union security clause in a CBA
and such union security clause is not a violation of theemployee's constitutional right to freedom of association.(BPI vs. BPI Employees Union-Davao, 2010)
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BARGAINING PROCEDURE
Parties are free to mutually adopt theprocedure
In the absence of any agreement:
Step 1
Union shall serve written notice with writtenproposals
Step 2
Management shall reply within 10 days fromreceipt of notice
Step 3
In case of differences, request for conferencewithin 10 days from such request
Step 4 If unresolved, NCMB shall intervene
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TIMETABLE
Commencement of negotiations: within 12months from the certification of thebargaining representative
Completion: no period
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MANDATORY ISSUES
Wages
Hours of work
Grievance machinery
Provisions that will ensure mutual observance ofthe CBA
Adjustment and resolution of grievances arising
from interpretation/implementation of CBA andof company personnel policies
Other terms and conditions of employment
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SIGNIFICANCE
Mandatory issues: Either party has a rightto insist on its position to the point ofstalemate
Can be the root of a bargaining deadlock
Permissive issues: Neither party has a rightto insist its inclusion in the CBA
Cannot be the source of bargaining deadlock
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BARGAINING DEADLOCK
Stalemate
Right not to be compelled to agree to a proposalor to make any concession
Pre-supposes good faith bargaining onboth sides
Otherwise, its ULP
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BARGAINING DEADLOCK
DEADLOCK
ARBITRATION STRIKE/LOCKOUT
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ULP IN BARGAINING
Refusal to bargain
Evading mandatory subjects
Bad faith bargaining Gross violation of CBAonce the CBA is
effective
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OTHER ULP
Interference with EEs exercise of right to self-organization
Non-membership/withdrawal from union as
condition for employment Interference with formation or administration
of the union
Contracting out to discourage unionism
Discrimination to encourage/discourageunion membership
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STRIKE
Grounds:a) Bargaining deadlockb) ULP
Requirements:
a) Effort to bargainb) Filing of notice of strike with DOLE
i. Bargaining deadlock: 30 days before intended strikeii. ULP: 15 days before
c) 15-day cooling off periodd) Strike vote majority of union memberse) Strike vote report 7 days before intended strike
Improved offer balloting
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PEZA STRIKE RULES
JOINT DOLE-PNP-PEZA GUIDELINES:
Request for PNP assistance should becoursed through DOLE
Request for Economic Zone Police/PEZASecurity Guards should be through theEconomic Zone Office
In case of actual violence, the PNP or PEZAcan respond during strike, lockout or labordisputes even without the written request
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PRE-RATIFICATION
The final draft of the CBA should besigned by the parties and posted in 2conspicuous places in the workplace for at
least 5 days before its ratification
Responsibility of employer to post copiesof the CBA (ALU vs. Ferrer-Calleja, 1989)
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RATIFICATION
Ratification is mandatory
Majority of all members of the bargainingunit (not just union members)
Effect if not ratified: CBA is ineffective (ATUv. Trajano, 1988)
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REGISTRATION
Submit 2 duly signed copies of the CBA tothe DOLE Regional office which certifiedthe bargaining union
Other documentary requirements:(a) the CBA;
(b) a statement that the CBA was posted in at least 2conspicuous places in the establishment concerned for
at least 5 days before its ratification; and(c) a statement that the CBA was ratified by the majority of
the employees in the bargaining unit of the employerconcerned.
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DURATION
Representation: 5 years
Other aspects (economic and non-economic): 3 years
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RIGHTS AND DUTIES (POST-CBA
Effectivity)
Ensure mutual observance of its terms andconditions Its terms and conditions constitute the law
between the parties It cannot be terminated or modified
except within 60 days prior to itsexpiration date
Duty to maintain status quo until a newagreement is reached
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THANK YOU
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