Cba Briefing

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

Documents

Cba Briefing