Professional Documents
Culture Documents
AND ADMINISTRATION OF
AGREEMENT
Part 1. COLLECTIVE BARGAINING CONCEPT AND
PROCEDURE
SCOPE
ART. 260 [250]
PROCEDURE IN COLLECTIVE
BARGAINING
TERMS OF A COLLECTIVE
BARGAINING AGREEMENT
INJUNCTION PROHIBITED
Overview/Key Qualities
1.
2.
3.
4.
5.
6.
Democratic framework
Stability
Industrial peace
Legal obligation
Continuous process
Employer-employee relations
FOUR PROCESSES
Negotiation between
representatives of the
management and the
union over wages, hours,
and other termsof
employment
Negotiation of any
question arising as to the
interpretation or
application of the contract
A SYSTEM OF CONTINUOUS
PROCESSES
LEGISLATIVE Negotiation of
Contracts
PHASE
EXECUTIVE
PHASE
JUDICIAL
PHASE
Administration of
Contracts
Interpretation or
Application of Contracts
Generalized code
Whole employment relationship
Rights and duties of parties
Industrial self-government
Grievance machinery
Private law
WORDS TO REMEMBER
wages, hours of
work, and all other
terms and conditions
of employment
2.
3.
3.
2.
3.
2.
JURISDICTIONAL PRECONDITIONS OF
COLLECTIVE BARGAINING
Possession of the status of
majority representation of the
employees representative in
accordance with any of the
means of selection or
designation provided for by
the Labor Code
Proof of majority
representation
A demand to bargain
under Article 260
[250] par. (a) of the
New Labor Code
Duty to bargain
exclusive between
employer and
employee
Where there is no duty
to bargain, there is no
right to violate
EMPLOYEE
Legitimate labor
organization or
Any officer or agent
of such organization
whether or not
employed
Duly authorized by
employees
Refusal of Collective
Bargaining: dealing
and negotiation with
the minority
representative to the
exclusion of the
majority
representative
UNION
Jurisdictonal
Preconditions Present
:
within 12 mos. from
and
of
exclusive bargaining
representative
ENDS
No Time Limit
CERTIFICATION YEAR
MULTI
Industry-wide
Bargaining
P.D. No. 442
E.O. No. 111
D.O. No. 40-03
ART. 261
1.
In the
providing for a more expeditious
manner of collective bargaining,
in accordance
with the provisions of this code.
ART. 262
1.
2.
ART. 263
1.
2.
3.
60 DAY PERIOD
ART. 263
Nonrepresentational
aspects provisions of
the CBA
ART. 264
Duty to Bargain
Art. 261
Art. 263
EVADING THE
MANDATORY
SUBJECTS OF
BARGAINING
BAD FAITH IN
BARGAINING, INCLUDING
FAILURE OR REFUSAL TO
EXECUTE THE CLLECTIVE
AGREEMENT, IF
REQUESTED
GROSS
VIOLATION
OF THE CBA
SUMMARIZED SCENARIOS
ULP
NOT ULP
Refusal to bargain
with an Unregistered
Chapter
Conversion to
Independent Franchise
or Operation
SUCCESSOR COMPANY
continuity and identity
1.
2.
2.
3.
4.
5.
6.
MANDATORY SUBJECTS
wages, hours of
work, and all other
terms and conditions
of employment
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
IMPASSE OR DEADLOCK
A bargaining
impasse over
an issue exists
where good
faith
bargaining on
the part of
the parties
has failed to
resolve the
issue and
there are no
definite plans
for further
efforts to brak
the deadlock.
BARGAINING TO DEADLOCK
MANDATORY
NON-MANDATORY
2.
3.
4.
INSTANCES EXPLAINED
SURFACE
BARGAINING
A sophisticated
pretense in the
form of apparent
bargaining, it
involves going
through the
motions of
negotiating
without any legal
intent to reach an
agreement.
SHIFTING
BARGAINING
POSITIONS
Repeated shifts in
position and
attitude on the
part of an
employer
whenever a
tentative
agreement is
reached
BLUE SKY
BARGAINING
Exaggerated or
unreasonable
proposals
BOULWARISM
INTENSE MARKETING
A campaign that
pictures the Company as
the true defender of the
employees interests,
further denigrating the
union, and sharply
curbing the Companys
ability to change its own
position.
TAKE IT OR LEAVE IT
An approach to
negotiations which
emphasized both the
powerlessness and
uselessness of the
Union to its members
RATIFICATION, EXECUTION,
REGISTRATION
not provided in Arts. 260-265
RATIFICATION
1.
2.
EXECUTION
REGISTRATION
AUTOMATICE RENEWAL
It shall be the duty of both parties to
keep the status quo and to continue
in full force and effect the terms and
conditions of the existing agreement
and/or
until a new agreement is reached by
the parties.
SCOPE
EFFECTIVITY DATE
DURATION
Effectivity Date
First CBA
Whatever date
parties agree on
Renegotiated CBA
If concluded within
from expiry of
old CBA: takes effect on
date following expiry
If beyond: no automatic
retroaction. Parties must
agree on terms of
effectivity
DURATION
Non Representational
Aspect
[3 YRS]
Representational
Aspect
[5 YRS]
FREEDOM PERIOD
No petition questioning the majority status
of the incumbent bargaining agent shall
be entertained and no certification
election shall be conducted by the
Department of Labor and Employment
outside of the
immediately before the date of expiry of
such five-year terms of the Collective
Bargaining Agreement.
ART. 265
in any
case involving or growing out of labor
disputes shall be
, except as otherwise
provided in Articles 218 and 264 of
this code.
EXCEPTION
Overview/Key Qualities
1.
2.
3.
4.
5.
6.