19.

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 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 (LABOR CODE, Art. 262)

Discuss the Kiok Loy Ruling

ANS: Back to enterprise level the employer is not under any legal duty to initiate
contract negotiation. The mechanics, of collective bargaining are set in motion only
when the following preconditons are present namely
1. Possession of the status of majority representation of employees
representative in accordance with any of the means of selection or
designation provided for by the Labor Code;
2. Proof of majority representation; and
3. A demand to bargain under Article 256, Par, a (Kiok Loy v. NLRC, G.R. No.
54334':January 22, 1986):

When there is absence of a CBA

Compliance to Article 256, LC

Er and union must MEET, CONVENE

and
CONFER
for
collective
bargaining purposes
Requisites of collective bargaining
must be complied with
o Er-Ee relationship
o Majority status of bargaining
union
o Demand to negotiate
Advantage where the negotiations
have no precedent CBA: Clean slate,
unencumbered
by
previous
agreements
Basis:
In the absence of an agreement or
other voluntary arrangement providing
for a more expeditious manner of
collective bargaining, it shall be the
duty
of
employer
and
the
representatives of the employees to
bargain collectively in accordance with
the provisions of this Code. (LABOR
CODE, Art. 261).

When there is a CBA

Neither party shall terminate nor
modify such agreement during its
lifetime.
Parties
may
serve
notice
to
terminate or modify agreement
during freedom period
Parties to keep the status quo during
freedom period until new agreement
is reached.

Basis:
Duty to bargain collectively when there
exists
a
collective
bargaining
agreement. When there is a collective
bargaining agreement, the duty to
bargain collectively shall also mean that
neither party shall terminate nor modify
such agreement during its lifetime.
However, either party can serve a
written notice to terminate or modify
the agreement at least sixty (60) days

prior to its expiration date. It shall be

the duty of both parties to keep the
status quo and to continue in full force
and effect the terms of conditions of the
existing agreement during the 60-day
period and/or until a new agreement is
reached by the parties.
(Labor Code Art. 263)

20. ULP by Employer and Labor Organizations

Elements of Unfair Labor Practice
Concurrence of BOTH
1) There should exist an employer-employee relationship between the
offended party and offender
2) Act complained of must be EXPRESSLY mentioned and defined in the Labor
Code

1.
2.
3.
4.
5.

6.
7.
8.
9.

ULP by Employers
Interference
Yellow dog condition
Contracting out
Company unionism
Discrimination
a. Wages, hours of work, terms
and conditions of employment
b. Except with respect to Union
Security Clauses
Dismissal or prejudice or
discrimination by reason of
testimony
Violation of duty to bargain
Payment of Negotiation or Attorneys
Fees to the Union, its officers or
agents
Violate CBA

1.
2.
3.
4.

5.

6.

ULP by Labor organizations

Restraint or coercion of employees
in the exercise of their right
Causing or attempting to cause
employer to discriminate against an
employee
Violate duty, or refuse to bargain
collectively with employer
Causing or attempting to cause
employer to pay or deliver any
money or other things of value for
services which are not performed,
including demand for union
negotiation fees (Feather-bedding)
Ask for or accept negotiation or
attorneys fees from employers as
part of settlement of any issue in
collective bargaining or any other
dispute
Violation of a CBA

Company Union
Initiate, dominate, assist or otherwise interfere with the formation or
administration of any labor organization
Includes giving of financial or other support to it or its organizers or
supporters

Yellow Dog Contract

Known previously as infamous document or iron-clad document
From the United Mine Workers Journal (1921) This agreement has been well
named. It is yellow dog for sure. It reduces to the level of a yellow dog any
man that signs it, for he signs away every right he possesses under the
Constitution and by-laws of the land and makes himself the truckling,
helpless slave of the employer.
Totality of Conduct of Doctrine
Expressions of opinion by an employer, may be held to be constitutive of unfair
labor practice because of the circumstances under which they were uttered, the
history of the particular employers labor relations or anti-union bias or because of
their connection with an established collateral plan of coercion or interference. An
expression which might be permissibly uttered by one employer, might, in the
mouth of more hostile employer, be deemed improper and consequently actionable
as an unfair labor practice.
Criminal Liability for ULPs
Only officers or agents of corporations, associations or partnerships who
actually participated in, authorized or ratified ULPs to be held criminally liable
On the part of the Union, its officers, members of governing boards,
representatives or agents