Beruflich Dokumente
Kultur Dokumente
A. PRELIMINARY CONSIDERATIONS
LECTURE:
rationale
of
collective
Caltex
Refinery
Empl.
Union
Brillantes, 279 SCRA 218 (1997)
vs.
2.1
Definition of
bargaining unit -
the
appropriate
2.3
2.4 One
Company
One
Union;
modifications under Rep. Act. No.
6715
Globe Doctrine
employees
--
desire
of
LECTURE:
The proliferation of unions in a single
employer unit is discouraged as a
matter of policy unless there are
compelling reasons which would deny a
certain class of employees the right to
self-org. for purposes of collective
bargaining. Thus:
Managerial
employees are prohibited by law to join,
assist or form labor union; supervisory
are prohibited from joining rank-andfile.
Article 245, Labor Code. Ineligibility
of managerial employees to join any
labor organization; right of supervisory
employees.
Managerial employees
are not eligible to join, assist or form
any labor organization. Supervisory
employees shall not be eligible for
membership in a labor organization of
the rank-and-file employees, but may
join, assist or form separate labor
organizations of their own.
Philtranco vs. BLR, 174 SCRA 388
It is natural in almost all fairly
sized corporations to have different
groups of workers discharging
different functions. No company
could possibly have all employees
performing exactly the same work.
Variety of tasks is to be expected.
It would not be in the interest of sound
mgmt.-labor relations if each group of
employees were to be allowed to form
their
own
separate
bargaining
unit. Certainly
there
is
commonality in interests of all
workers: they are all interested in
the progress of their company and
in each worker sharing the fruits of
their endeavors equitably and
generously. While there may be
differences in the nature of their
individual jobs, such difference is
not substantial as to warrant the
formation of separate unions.
Defined:
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.
Kiok Loy vs. NLRC, supra.
Sweden Ice cream company, with an
already certified union.
Company
given CBA proposals and request for
counter-proposal. Company ignored
the request. Union filed a case for ULP
after notice of strike. NLRC for Union
and declared the proposals as the CBA.
3.2
When
exists/begins
a)
duty
to
bargain
vs.
3.3
B.
Submission of Proposals
2.3
Identification of Chairman and
Recorder
3. Determination of ground
1st mtg.
3.1
rules
and
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.
3.5
(on
as
the
3.6
The
following
documents
may
considered as the working documents
of the CBA negotiations: (a) Original
CBA; (b) Proposals of the Union for a
new CBA; and (c) Counter-proposals of
the Management shall be considered as
references.
3.2
3.3
3.4
3.7
3.8
Related expenses
It was agreed that expenses for the
collective
bargaining
negotiations
pertaining to merienda, shall be for the
account of the Management.
Recess
Recess during negotiations shall be
allowed upon request of either panel.
their
or
3.9
Discussion
OR
Postponement
It may be agreed by both panels that
should a postponement be necessary,
to inform the other panel, in writing, of
such postponement within twenty four
(24) hours. Should the Union request
for a postponement, such notice should
be addressed to Chairman or Recorder
of the Management panel; should the
Management
request
for
a
postponement, such notice should be
addressed to the President of the Union
or the recorder.
Order
of
Negotiations
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.
3.10
of
4.
and
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 10
advance a Voluntary Arbitrator or
panel of Voluntary Arbitrators, or
include
in
the
agreement
a
procedure for the selection of such
VA or panel of VAs, preferably from
a listing of qualified VAs duly
accredited by the Board.
The VA or panel of VAs shall have
original and exclusive jurisdiction to
hear and decide all unresolved
grievances
arising
from
the
jurisdiction to hear and decide all
unresolved grievances arising from
the interpretation or implementation
of the CBA and those arising from
the interpretation or enforcement of
company
personnel
policies. Violations of a CBA,
except those which are gross in
character, shall no longer be
treated as unfair labor practice
and
shall
be
resolved
as
grievances under the CBA.
Gross violations of the CBA shall
mean flagrant and/or malicious
refusal to comply with the
economic provisions of the
agreement (Art. 260, LC).
The
Commission,
its
Regional
Offices and the Regional Directors of
the
Department
of
Labor
&
Employment shall not entertain
disputes, grievances or matters
under the exclusive and original
jurisdiction of the VA or VA panel
and shall immediately dispose and
refer the same to the Grievance
Machinery or Voluntary Arbitration (o) Other than for mandatory activities under the
Code, no special assessments, attorneys fees,
provided in the CBA (Art. 261, LC).
negotiation fees or any other extraordinary fees
may be checked off from any amount due to an
The VA or VA panel, upon
employee, without an individual written
agreement of the parties, shall also
authorization duly signed by the employee. The
hear and decide all other labor
authorization should specifically state the amount,
disputes including unfair labor
purpose and beneficiary of the deduction, if any.
practices (ULPs) and bargaining
deadlocks (Art. 262, LC).
xxx Any violation of the above rights and conditions
of membership shall be a ground for the cancellation
The VA shall have the power to hold
of union registration or expulsion of officer from
hearings, receive evidence and take
office, whichever is appropriate. At least thirty
whatever action is necessary to
percent (30%) of all the members of a union or any
resolve the issue/s subject to the
member or members specifically concerned may
dispute, including efforts to effect a
report such violation to the Bureau. xxx
voluntary settlement between the
parties.
Art.
222
(b),
Labor
Code. Appearances and fees. -- (b)
All parties to the dispute shall be
No attorneys fees, negotiation fees or
entitled to attend the arbitration
similar charges of any kind arising
proceedings. The attendance of any
from
any
collective
bargaining
third party or the exclusion of any
negotiations or conclusion of the
witness from the proceedings shall
collective agreement shall be imposed
be determined by the VA or VA
on any individual member of the
panel. Hearings may be adjourned
contracting
union; Provided,
for cause or upon agreement by the
however, that attorneys fees may
parties.
be charged against union funds in
an amount to be agreed upon by
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 11
the
parties.
Any
contract,
agreement or arrangement of any
sort to the contrary shall be null
and void.
General rule:
A No strike - No Lock-out
clause applies only to economic
strikes, and not to ULP strike. (Phil.
Metal Foundries case).
prerogatives
The
above
provisions
notwithstanding, MANAGEMENT is
not precluded from exercising its
management
prerogatives,
including but not limited to the
exclusive right to hire and
appoint employees subject to
such
reasonable
rules
and
regulations it may prescribe, to
transfer, demote, suspend, layoff, dismiss or impose any form of
disciplinary
action
upon
its
employees, or such other matters
relative to the conduct of the
business of the company.
b. Union security clauses (union
shop/closed shop, etc.)
Example 1:
MANAGEMENT agrees to require
as a condition of employment for
those employees within the
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 12
bargaining unit who are either
members
of
the
ABC
FEDERATION on the date of the
effectivity of this CBA, or may
join
the
union
during
the
effectivity of this Agreement, and
that they shall not voluntarily
resign from the union earlier than
60 days prior to expiration of this
Agreement. xxx
Example 2:
c. Signing bonus:
Caltex
Refinery
Assn.
Brillantes, 279 SCRA 218
vs.
5.
Bargaining Deadlock
5.1
in
Deadlock
is
defined
as
the
counteraction of things producing an
entire stoppage; a state of inaction or
of neutralizaiton caused by the
opposition
of
persons
or
factions; STANDSTILL.
During negotiations, it is a situation
where both parties have reached a
point beyond which there is no longer
any compromise, e.g., unacceptable.
The word is synonymous to an
impasse, which in labor relations
law, presupposes reasonable effort at
good faith bargaining which, despite
noble intentions, does not conclude in
an agreement between the parties.
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 13
Capitol Medical Center Alliance of
Concerned
Employees
vs. Laguesma, 267 SCRA 503
(1997)
In the case of Divine Word University
of Tacloban vs. Secretary of Labor and
Employment, we had the occasion to
define what a deadlock is, viz:
A deadlock is xxx the counterclaim
of things producing entire stoppage;
xxx. There is a deadlock when there
is a complete blocking or stoppage
resulting from the action of equal and
opposed forces xxx. The word is
synonymous with the word impasse,
which xxx presupposes reasonable
effort at good faith bargaining which,
despite noble intentions, does not
conclude in agreement between the
parties.
If the law proscribes the conduct
of a certification election when
there is a bargaining deadlock
submitted
to
conciliation
or
arbitration, with more reason
should it not be conducted if,
despite attempts to bring an
employer to the negotiation table
by the certified bargaining agent,
there was no reasonable effort in
good faith on the part of the
employer to bargain collectively.
ITS
DUTY
COLLECTIVELY.
TO
BARGAIN
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 14
work and all other terms and conditions of
employment in a bargaining unit.
B5 R1 S1 (jj), Impl. Rules and
Regulations.
Collective
bargaining
agreement refers to the negotiated contract
between a legitimate labor organization and
the employer concerning wages, hours of
work and all other terms and conditions of
employment in a bargaining unit, including
mandatory provisions for grievances and
arbitration machineries.
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.
2.2
2.3
2.4
2.5
Section
1. Registration
of
collective
bargaining agreement. The parties to a
collective bargaining agreement shall submit
to the appropriate Regional Office two (2)
duly signed copies thereof within thirty (30)
calendar days from execution. Such copies
of the agreement shall be accompanied with
verified proof of posting in two conspicuous
places in the work place and of ratification by
the majority of all the workers of the
bargaining unit.
Such proof shall consist of copies of
the following documents certified under
oath by the union secretary and attested
to by the union president.
(a) Statement that the collective
bargaining agreement was posted in at least
two conspicuous places in the establishment
at least five (5) days before its ratification;
and
(b) Statement that the collective
bargaining agreement was ratified by the
majority of the employees in the bargaining
unit.
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.
Section
2. Registration
of
agreement
resulting from awards by the Secretary, the
Commission or the Voluntary Arbitrator.
-- Where the agreement results from an
arbitration award, the same shall be
registered
in
accordance
with
the
immediately preceding section, except that
the requirement of ratification and proof
thereof shall be dispensed with.
Section 5. Appeal. -- The decision of the
Regional Director granting or denying an
action to declare the registration ineffectual
may be appealed to the Bureau on the
ground of grave abuse of discretion within
ten (10) days from receipt of the parties of a
copy thereof. The Bureau shall have twenty
(20) dyas within which to resolve the appeal
and its decision shall be final and executory.
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
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 15
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
5.
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 16
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.
Union of Filipro Employees vs. NLRC,
192 SCRA 397, at 425
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.
6.
6.2
Exception:
A L E X Y L L E R O S E G A R S U L A C O N C E P C I O N P a g e | 17
agreement.
7. Substitutionary Doctrine
Benguet Consolidated vs. BCI Ees Union,
23 SCRA 465
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.