Professional Documents
Culture Documents
It must be noted that only registered legitimate labor unions have the
right to represent their members for collective bargaining and other
purposes; while the workers association can represent their members for
purposes other than collective bargaining.
Security guards can now join a labor organization. While under the old
rules, security guards were barred from joining a labor organization of the
rank and file, but the present law, they may now freely join a labor
organization of the rank and file or that of a supervisory union depending on
their rank. (MERALCO vs. Secretary of Labor, GR No. 91902, 20 May 1991) The
Implementing rules of RA 6715 insofar as they disqualify security guards from
joining a rank and file organization, are null and void fir not being germane to
the object and purposes of EO 111 and RA 6715.
Consti., Art. 13, sec. 3. The State shall afford full protection to labor,
local and overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all.
The State shall regulate the relations between the workers and
employers, recognizing the right of labor to its just share in the fruits of
production, and the right of entrepreneurs to reasonable returns on
investments, and to expansion and growth.
Caltex Refinery Empl. Union vs. Brillantes, 279 SCRA 218 (1997)
Definition:
Golden Farms vs. Sec. of Labor, 234 SCRA 517 - A bargaining unit
has been defined as a group of employees of a given employer,
comprised of all or less than all of the entire body of employees, which
the collective interest of all of the employees indicate to be best suited
to serve the reciprocal rights and duties of the parties under the
collective bargaining provision of the law.
Toyota Motor Phils. vs. Toyota MP Labor Union, 268 SCRA 571 (1997)
Spin-off of Magnolia and San Miguel Foods Companies from the San
Miguel Corporation as separate corporate entities. Existing CBA
included all four divisions. During the renewal or renegotiation for two
years on the economic provisions, spin-off corporations were already in
existence. The Union insisted that the employees of the spun-off
corporations were still to be considered as part of the appropriate
bargaining unit.
NLRB ruled that in such a case where all other considerations being
equally balanced, the determining factor would be the desire of the
employees themselves.
2.4 One Company - One Union; modifications under Rep. Act. No. 6715
LECTURE:
Indophil Textile Mills Workers Union vs. Calica, 205 SCRA 697
In relation to:
3.1 Defined:
It shall be the duty of each party to keep the status quo and to
continue in full force and effect the terms and conditions of
the existing CBA during the 60-day period, and/or until a new
agreement is reached by the parties.
3.3 Effect of refusal to bargain - constitutes ULP under Art. 248 (g)
Hence, Divine Word may not validly assert that its consent should be a
primordial consideration in the bargaining process. By its acts, no
less that its inaction which bespeck of its sincerity, it has forfeited
whatever rights it could have asserted as an employer.
As had been intimated earlier, the constitutional guarantee of the workers right
to collective bargaining is an implicit cognizance of the inherent inequality in the
economic relationship between labor and management. Management controls
and owns the capital, the disposition and direction of which is entirely within
management prerogatives, in its quest for PROFITS.
On the other hand, the workers are economically dependent upon capital, and
hence, the weaker of the two. Note however that despite this, there is no
gainsaying the fact that without the workers efforts, profits could not be had.
Thus, it is but just that they should be given their equitable share in the profits.
In the context of a depressed economy such as ours, and the lack of employment
opportunities, employer-employee relationships may thus be subject to abuses
by management. Hence, the State regulates the relationship through the
promulgation and implementation of laws which are intended to protect the
interests of labor. One such right is thus collective bargaining.
1. Submission of Proposals
As intimated earlier, collective bargaining allows for a means toward the ideal
laissez faire condition, where the employees stand on a more or less equal
footing with the employer, in threshing out the conditions and terms of their
employment.
On the other hand, the Company will usually maintain a very conservative
stand. In the context of its quest for profits, the Company will as much as
possible not want to give anything more than that which is mandated by
law. Thus, this is where the bargaining power and the relative strength of the
Union comes in. This is in turn, backed up by its constitutional rights to
strike and to undertake concerted activities --- but note that this must all be
done in accordance with law.
For the union panel: usually the officers of the union are members of
the panel, duly given authority by their own Board.
2.2 Presentation of the appropriate Special Power of Attorney
Chairman: note that it is only the chairman that can bind their
respective panel.
3.2 Quorum
The quorum for business to be transacted shall be at least: (a) three [3]
members for the Management Panel; and (b) three [3] members for the
Union Panel.
3.3 Postponement
(The recording secretary for the Institute shall be Ms. Rosanna Roces,
while the recording secretary for the Union panel shall be Ms. Ara
Mina).
Both recording secretaries shall consult with each other and make the
common minutes for the past meeting.
Mechanics: The Union recording secretary may fax their minutes to the
Management recording secretary who will make the common minutes.
The common minutes must be faxed at least one (1) day immediately
prior to the next scheduled meeting, in order that the Union may review
the same.
The common minutes should all be signed before the actual start of
the negotiations. Hence, any correction, amendments or modifications
to the common minutes must be made prior to the start of the
negotiations.
OR
Both panels may agree to follow the order provided in the Working
Documents (CBA 1996) in accordance with the above priority.
In order that the discussions per meeting will be both fast and
productive, both panel should agree that before adjournment of each
meeting, that they will enumerate the agenda for discussion on the next
meeting.
3.9 Recess
The time frame per each meeting may be extended by mutual consent of
both parties, should the same be deemed necessary under the
circumstances.
Art. 252, Labor Code. Meaning of duty to bargain collectively. -- The duty to
bargain collectively means the performance of a mutual obligation to meet
and convene promptly and expeditiously in good faith for the purpose of
negotiating an agreement with respect to the wages, hours of work and all
other terms and conditions of employment including proposals for
adjusting any grievances or questions arising under such agreement and
executing a contract incorporating such agreements if requested by
either party, but such duty does not compel any party to agree to a proposal
or to make any concession.
Phil. Am. Mgmt. vs. Phil. Am. Ees. Assn., 51 SCRA 98 (1971)
The fact that the retirement plan is non-contributory (i.e. that the
employees do not contribute anything to the operation of the plan)
does not make it a non-issue in CBA negotiations. As a matter of fact,
almost all of the benefits which the company has granted to its
employees are non-contributory, such as salary increases, rice
allowances, mid-year bonuses, 13th and 14th month pay, seniority pay,
medical and hospitalization plans, health and dental services,
vacation, sick and other leaves with pay, are non-contributory.
The VA shall have the power to hold hearings, receive evidence and
take whatever action is necessary to resolve the issue/s subject to
the dispute, including efforts to effect a voluntary settlement
between the parties.
(g) No officer, agent or member of a labor organization shall collect any fees, dues
or other contributions in its behalf or make any disbursement of its money or funds
unless he is duly authorized pursuant to its constitution and by-laws;
(o) Other than for mandatory activities under the Code, no special assessments,
attorneys fees, negotiation fees or any other extraordinary fees may be checked off
from any amount due to an employee, without an individual written authorization
duly signed by the employee. The authorization should specifically state the
amount, purpose and beneficiary of the deduction, if any.
xxx Any violation of the above rights and conditions of membership shall be a
ground for the cancellation of union registration or expulsion of officer from office,
whichever is appropriate. At least thirty percent (30%) of all the members of a
union or any member or members specifically concerned may report such violation
to the Bureau. xxx
Art. 222 (b), Labor Code. Appearances and fees. -- (b) No attorneys
fees, negotiation fees or similar charges of any kind arising from any
collective bargaining negotiations or conclusion of the collective
agreement shall be imposed on any individual member of the
contracting union; Provided, however, that attorneys fees may be
charged against union funds in an amount to be agreed upon by
the parties. Any contract, agreement or arrangement of any sort
to the contrary shall be null and void.
Example:
General rule:
Example 1:
Example 2:
NOTE: A Union security clause cannot have any retroactive effect under Article 248
of the Labor Code, and as such, will not apply to employees who are already
members of another union at the time of the effectivity of the CBA.
xxx
c. Signing bonus:
5. Bargaining Deadlock
This is what is strikingly different between the Kaisahan case and the
case at bench for in the latter case, there was proof that the certified
bargaining agent, respondent union, had taken an action to legally
coerce the employer to comply with its statutory duty to bargain
collectively, i.e., charging the employer with unfair labor practice and
conducting a strike in protest against the employer' refusal to
bargain. It is only just and equitable that the circumstances in this
case should be considered as similar in nature to a bargaining
deadlock when no certification election could be held. This is also
to make sure that no floodgates will be opened for the circumvention
of the law by unscrupulous employers to prevent any certified
bargaining agent from negotiating a CBA. THUS, SECTION 3, RULE V,
BOOK V OF THE IMPLEMENTING RULES SHOULD BE INTERPRETED
LIBERALLY SO AS TO INCLUDE A CIRCUMSTANCE, E.G. WHERE A CBA
COULD NOT BE CONCLUDED DUE TO THE FAILURE OF ONE PARTY
TO WILLINGLY PERFORM ITS DUTY TO BARGAIN COLLECTIVELY.
Art. 263 (c), Labor Code. Strikes, picketing and lock-outs. -- (c) In
cases of bargaining deadlocks, the duly certified or recognized
bargaining agent may file a notice of strike or the employer may
file a notice of lock-out with the Ministry (Department) at least
30 days before the intended date thereof.
1. Definition
Davao Integrated Port Stevedoring vs. Abarquez, 220 SCRA 197 (1993)
While the terms and conditions of a CBA constitute the law between the
parties, it is not an ordinary contract to which is applied the principles
of law governing ordinary contracts. A CBA, as a labor contract within
contemplation of Art. 1700 of the Civil Code, is not merely contractual in
nature but is impressed with public interest. Thus, it must yield to the
common good. As such, it must be construed liberally rather than narrowly
and technically, and the courts must place a practical and realistic
construction upon it, giving due consideration to the context in which it is
negotiated and the purpose which it is intended to serve.
2.2 After the signing by the panels, a majority of the employees covered by
the appropriate bargaining unit should ratify the same.
2.3 Note the posting requirement in at least two conspicuous places in the
establishment at least five (5) days before its ratification
2.4 If certified CBA, contract bar rule applies and operates as a bar to a
representation question.
2.5 Note however that a CBA is valid even without certification, and will be
considered as binding upon the parties.
The Regional Office shall assess the employer for every collective
bargaining agreement a registration fee of one thousand pesos (P1,000.00).
The Regional Office shall retain one (1) copy of the agreement for its
file and transmit one (1) copy thereof tot he Bureau within five (5) calendar
days from its registration. The Regional Office shall issue a certification of
registration within five (5) calendar days from receipt of the agreement and
the proofs of posting and ratification as required herein.
Art. 231, Labor Code. Registry of unions and file of collective agreements. --
The Bureau shall keep a registry of legitimate labor organizations. The
Bureau shall also maintain a file of all collective bargaining agreements and
other related agreements and records of settlement of labor disputes, and
copies of orders, and decisions of voluntary arbitrators. The files shall be
open and accessible to interested parties subject to conditions prescribed by
the Secretary of Labor and Employment, provided that no specific
information submitted in confidence shall be disclosed unless authorized by
the Secretary, or when it is at issue in any judicial litigation or when public
interest or national security so requires.
xxx
Natl. Brewers and Allied Industries Labor Union vs. San Miguel Brewery
All employees in the barg. unit are covered, regardless of their membership
or non-membership in the union; otherwise, discrimination.
5. Duration of the CBA (Art. 253-A. cf. Dept. Order No. 9, Rule XIV, Secs. 3-4)
Article 253-A, Labor Code. (same as Dept. Order No. 9, Rule XIV, secs. 3-4)
CONTRACT BAR RULE DOES NOT APPLY WHERE THE CBA WAS NOT
DULY SUBMITTED IN ACCORDANCE WITH LAW. Moreover, there is
no proof tending to show that the CBA has been posted in at least 2
conspicuous places in the company at least 5 days prior to the
ratification, and that the same was ratified by a majority of the members
of the union.
Perusal of the facts show that the CBA was defective, and hence
unproductive of the legal effects of a certified CBA. Note that the Labor
unions representation was in itself questionable, and that there was
precipitate haste in recognizing the union based on an unsubstantiated
and self-serving claim that it represented the majority of the employees
in the bargaining unit. Moreover, there was an apparent and suspicious
hurry in the formulation and finalization of the CBA.
5.3 Retroactivity
Any agreement on such other provisions entered into within six (6) months
from the date of expiry of such provisions shall retroact to the day
immediately following such date. If any such provisions are entered into
beyond six months, the parties shall agree on the duration of
retroactivity. In case of a deadlock in the renegotiation of the agreement,
the parties may exercise their rights under the Code. In case of
renegotiation, all requirements for registration prescribed under the two
immediately preceding sections shall be complied with, whichever is
applicable, except payment of the registration fee.
In the aforecited case, the Court only pointed out that, it is not right for
union members to argue that they cannot be covered by the past and the
new CBAs both containing the same closed-shop agreement for acts
committed during the interregnum. What as emphasized by this Court is
that in no case should there be a period in which no agreement would
govern at all. But nowhere in the said pronouncement did We rule
that every CBA contracted after the expiry date of the previous CBA
must retroact to the day following such date. Hence, it is proper to rule
that in the case at bar, the clear and unmistakable terms of Articles 253 and
253-A must be deemed controlling.
Articles 253 and 253-A mandate the parties to keep the status quo and to
continue in full force and effect the terms and conditions of the existing
agreement during the 60-day period prior to the expiration of the old CBA
and/or until a new agreement is reached by the parties. Consequently,
there being no new agreement reached, the automatic renewal clause
provided for by the law which is deemed incorporated in all CBAs, provides
the reason why the new CBA can only be given a prospective effect.
Petitioner claims that because of the prospective effect of the CBA, union
members were deprived of substantial amount of monetary benefits which
they could have enjoyed had the CBA be given retroactive effect. This would
include backwages, the immediate effects of the mandated wage increase
on the fringe benefits such as the 13th and 14th month pay, overtime
premium, and right to differential pay, leaves, etc. This Court, is not
unmindful of these. Nevertheless, We are convinced that the CBA
formulated by public respondent is fair, reasonable and just. Even if
prospective in effect, said CBA still entitles the Nestle workers and
employees reasonable compensation and benefits which, in the opinion of
this Court, is one of the highest, if not the highest in the industry. Petitioner
did not succeed in overcoming the presumption of regularity in the
performance of the public respondents functions. Even if the resolution
fell short of meeting the numerous demands of the union, the petitioner
failed to establish that public respondent committed grave abuse of
discretion in not giving the CBA a retrospective effect.
Question: Is the violation of the CBA provisions a ULP as to allow the union
to strike?
Hence:
6.2 Exception: Strikeable issue when there is gross and flagrant refusal to
comply with the economic provisions of the CBA
7. Substitutionary Doctrine
The employees cannot revoke the validly executed CBA with their employer
by the simple expedient of changing their bargaining representative. The
CBA is binding for the period specified therein, but the new agent may
bargain for the shortening of the period.
But the substitutionary doctrine applies only to the employees of the unit, not
to the new agent which is not bound by the purely personal undertakings of
the displaced agent like the no-strike clause in the CBA.
General rule: