Effect of Prior Agreement 078 DLSU vs.

. DLSU Employees Association (2000) Doctrine: The express exclusion of the computer operators and discipline officers from the bargaining unit of rank-and-file employees in the previous CBA does not bar any renegotiation for the future inclusion of the said employees in the bargaining unit. During the freedom period, the parties may not only renew the existing CBA but may also propose and discuss modifications or amendments thereto. Facts: DLSU and DLSU Employees Association (Union), composed of regular non-academic rank-and-file employees, entered into a 3-year CBA. During the freedom period or 60 days before the expiration of the said CBA, the Union began negotiations for a new CBA, which was unsuccessful. The Union then filed a Notice of Strike with the NCMB. After several conciliation meetings, the parties entered into a Submission Agreement wherein they identified the remaining 6 unresolved issues, one of which is the scope of the bargaining unit. (Note: In the last CBA, computer operators and discipline officers were excluded.) o Union = computer operators and discipline officers should be included in the bargaining unit because of the rank-and-file nature of their jobs. o DLSU = The Union is barred from including these employees because they already agreed to exclude them in the previous CBA. Moreover, the computer operators process data (student and faculty records, payroll data, budget allocation, etc.) that are confidential and pertinent to labor relations. The discipline officers, on the other hand, are alter egos of management since they enforce discipline and ensure the safety of the students inside the campus. The VA ruled that said employees should be included in the bargaining unit on the premise that they do routinary and clerical work that has nothing to do with the setting of management policies in the university. DLSU filed a petition for certiorari with TRO and/or preliminary injunction. Issue: WON the Union is barred from including the computer operators and discipline officers pursuant to their previous CBA. (NO) Held/Ratio: The express exclusion of the computer operators and discipline officers from the bargaining unit of rank-and-file employees in the previous CBA does not bar any re-negotiation for the future inclusion of the said employees in the bargaining unit. During the freedom period, the parties may not only renew the existing CBA but may also propose and discuss modifications or amendments thereto. Moreover, the said computer operators and discipline officers are not confidential employees. The service record of a computer operator reveals that his duties are basically clerical and non-confidential in nature. As to the discipline officers, based on the nature of their duties, they are not confidential employees and should therefore be included in the bargaining unit of rank-and-file employees.

Digested by: Vina (A2015)