 1.

To interfere with restrain or coerce

employees in the exercise of their rights to
self-organization
 2. To require as a condition for employment,
requires a person or employee not to joim
organization or shall withdraw fromone to
which he or she belongs.
 3.To contract out services or function being
performed by union members when such will
interfere with restrain or coerce employees in
the exercise of their right to self-organization
 4.To initiate, dominate , assist or otherwise
interfere with the formation or administration
of any labor organization including the giving
of financial support to it.
 5.To discriminate in regard to hire or tenure
of employment or any term or condition of
employement in order to encourage or
discourage membersihp in any labor
organization
 6. To dismiss, discharge, prejudice or
discriminate against an employee for having
given or is about to give testimony under the
Labor Code
 7.To violate the duty to bargain collectively as
provided by the Labor Code.
 8.To pay negotiation or attorney’s fee to the
union or its officer or agents as part of the
settlement of any issue in collective
bargaining or any other dispute
 9.To violate a collective bargaining
agreement
 The officers or agents only of this corporation
or association are the only ones that is
criminally liable
 1. To restrain or coerce employees in the
exercise of their right to self organization. Labor
organizations, however, has the right to
prescribe rules regarding acquistion or retention
of membership
 2.To cause or attempt to cause an employer to
discriminate against employee including
discrimination against an employee whose
membership in such organization has been
denied or terminated on any ground other than
the usual terms and conditions membership or
continuation of member ship is made available to
other members
 3.To violate the duty or refuse to bargain
collectively with the employer, provided that
is the representative of the employees
 4.To cause or attempt to cause an employer
to pay or deliver or agree to pay or deliver
any money or other things of value, in the
nature of exaction , for services which are not
performed, including the demand for a fee for
union negotiations
 5. To ask for or accept negotiation or
attorney’s fees from ask part of the
settlement of any issue in collective
bargaining or any other dispute
 6. To violate a collective bargaining
agreement.
IMPLOYEES IN A COMPANY THAT ARE NON-
UNINONIZED WILL NEVER THINK OF LABOR
ORGANZATIONS OR HAVING A LOCAL UNION
REPRESENTING THEM WHEN TERMS AND
CONDITIONS OF EMPLOYMENT ARE
PERCEIVED AS GOOD OR ATLEAST FAIR. THE
COMPANY STRATEGIES IN DISCOURAGING
THEIR EMPLOYEES FROM JOINING LABOR
UNION ARE ENUMERATED AS FOLLOWS
 1.To have an effective personnel planning,
recruitment, selection and placement
 2.Effective training and development
programs for employees
 3.Effective performance evaluation
 4.Effective compensation of employees
 5.Effective employees maintenance
 6.Effective labor-management relations
 7.Effective supervision of non-manageral
employees
 A. ESTABLISHMENT OF A POLICY AND
PHILOSOPHY OF LABOR MANAGEMENT
COOPERATION
 1. ACCEPTANCE- Must accept labor union as
representative
 2.EMPHASIS- on the cause and solution of
problems
 3. Acceptance by both parties- of the
principles
 4.Awareness of basic obligations
 5.It should represent-What workers want or
need
 6.Guaranteed productivity
 B.ESTABLISHMENT OF A REALISTIC PERSONEL
PROGRAM
 1.COMMUNICATION- The company must
provide, a well written jobs description good
management communication etc.
 2.ORGANIZATION- The company must
provide an efficient organizational structure
 3.CAREER DEVELOPMENT AND TRAINING- The
company shall be characterized by adequate
training and development programs for
employees
 4. JOB SATISFACTION - The company is
characterized by low employee labor
turnover, low employee absenteeism, high
employee morale, and recognition of
achievement at all levels.
 5. EQUIPMENT/FACILITIES – The company
must have an up to date equipment and
systems, adequate maintenance and safe
working conditions
 6.METHODS AND PROCEDURES OF WORK
FLOW- The company is known to have stable
product quality, minimum of lost business
because of efficient service and absence of
bottleneck in the work flow
 7. WORK MEASUREMENT/
SCHEDULING/STAFFING – The company is
known to have effective use of employees
talents; good standard measurement of
performance ; infrequent layoffs of personel
and infrequent use of over time
 8.COMPREHENSION AND BENEFITS OF
PERSONNEL- The company shall be known for
having equitable wages and salaries etc.
 C. GOOD SUPERVISOR-SUBORDINATE
RELATIONSHIP
 D. ABIDE BY THE COLLECTIVE BARGAINING
AGREEMENT (CBA)- The management and
employees must abide the terms and
condition of the CBA. The management
should not shift from the benign to the
ruthless pursuit for more profit by resorting
to wage cuts, speedups and automation or
combination of all three.
What is Grievance ?
It is defined as any real or imagined
feeling of personal injustice that an employee
has about the employment relationship.
It also refers to any complaint regarding
the terms and conditions of employment or a
formal dispute that is brought to the
attention of either the management or labor
union for settlement
What is complaint ?
A complaint is referred to any dissatisfaction on
the part of an employee that is work related in an
organization that is not unionized
 It arises when employee’s morale is low
and when frustration and discontentment is
prevalent among personnel due to poor
supervision or to unfair management
practice.
 1.Violation of agreement or collective
bargaining by the management or labor
union.
 2.Vague provisions of the collective
bargaining agreement that lead to different
interpretation of the CBA
 3.Unfair treatment by the subordinate by the
supervisor
 4.Violations of Philippine Laws on labor,
health and safety
 5.Faulty supervision to:
a. Dictatorial tendency of a supervisor
b. Refusal to listen to a employee complaint
c. Unfair or inconsistent disciplinary actions
d. Display of take-it-or-leave-it attitudes for
subordinates
e. Not clear and insufficient instructions
f. Failure to inform employees of changes in
policy or rules.
 Grievance machinery and Voluntary
arbitration requires parties to establish a
grievance machinery for the adjustment and
resolution of grievances arising from the
interpretation or implementation of a
collective bargaining agreement or the
interpretation or enforcement of company
personnel policies.
 What is a grievance machinery?
 Grievance machinery, which lays down a
formal process for settling complaints and
stresses an employee's right to air his gripes
and expect redress, is one of the chief tools
of employee relations
 1.The employers desire to operate as
economically ass possible in their efforts to
make profits, has neglected the welfare of the
workers.
 2.Because of the profit motive, employers
exert efforts to reduce production cost very
often at the expense of labor.
 3.Failure of labor to see that management
has right and obligation to run the business

 4.Management’s indifference and
arbitrariness in dealing with workers.
 5.Management is often wanting on how
things affecting workers
◦ Proper administration and application of the firm’s
personnel policies and programs with comparison
◦ Proper implementation of labor laws and
government regualtions
 1.The shift in workers loyalty from
management to union.
 2.The reduction in managements right to
discipline or even just deal with employees
 3.The belligerence of labor leaders and
defiant attitude of workers when dealing with
management
 4.Inter-union and Intra-union rivalries, which
makes labor relation uncertain and create
difficulties for the management
 7.Harassment by the union through the filing
of all kinds of complaints and grievances with
grievance machinery of the company
 6.Abuses of some employees because of their
belief that they enjoy the protection of the
law and that the government will be on their
side.
 Health refers to the physical, mental and
emotional condition of a person. A person is
said to be healthy when is free from physical
and mental illness and emotional problems
 Safety means protecting a person from
diseases, in jury or death related to work
1. To report to his supervisor any work
hazard that may be discovered in his work
place or to the Regional Office of the
Department of Labor and Employment
2. Every worker is required to use all
safeguards and safety device provided for his
protection and others
3. Every worker shall follow all instructions of
the employer dealing on the provisions on
occupational health and safety
 The Bureau of Working conditions , DOLE, is
conducting a continuous programs to
increase the competence of occupational
health and safety of the personnel as well
keep them informed of the latest trend,
practices and technology in accident
prevention.
 Collective bargaining is a process whereby
representatives of both labor union and
employer or management meet for the
purpose of arriving at an agreement
regarding the terms and conditions of
employment. The agreement reached and
agreed regarding the operative functions of
personal is called Collective Bargaining
Agreement or CBA it shall be for a term of
five years
 1.When the party decides to negotiate an
agreement. It shall be serve to notice to the other
party with a statement of its proposal
 2.The other party which was notified shall reply
within 10 calendar days upon receipt of notice.
 3.If the differences arise based on notice and
reply, either party may request a conference to
begin not later than ten calendar days from the
request date. It is the duty of the party to
participate in the conciliation meeting called the
Board
 4.If the dispute is not settled, the National
Conciliation and Mediation Board shall
intervene upon request of either or both
parties or at its own initiative and
immediately call the parties to conciliation
meetings.
 5.During the conciliation proceedings in the
Board, the parties are prohibited from doing
any act that may disrupt or impede the early
settlement of the disputes
 6.The Board shall exert all efforts to settle
dispute amicably and encourage the parties
to submit their case to a voluntary arbitration
 Certain human and economic factors are
necessary to set the proper climate for
negotiations
 1. The attitude, thinking and policy of the
company’s top management as well union
officers
 2.The attitude, thinking, experience and
knowledge of the persons doing the
negotiation
 3. The conditions of labor supply and demand as
well as the support of the members to the union
 4.Knowledge of the customary practices in the
type of business of which the establishment
belongs
 5.The market conditions of the company’s
product and services profitability
 6.The economic and other basis conditions
prevailing at the time of negotiation as well as
the expected future economic condition of the
country.
 It may be declared when there is a bargaining
deadlock or an unfair labor practices. Except
for flagrant and malicious refusal to comply
with its economic provision, violations of CBA
are not considered unfair labor practice which
could be a ground for strike
 Labor Code defines Strike as a temporary
refusal of employees to work pending of a
labor dispute
 Lockout is refusal of management or an
organization to provide work to employees
pending the settlement of a labor dispute
 1. To compel recognition of the union
 2. To exert pressure on the company during
bargaining
 3. To protest dismissals, transfers, layoffs,
suspensions or other actions taken by the
employer
 4.To challenge the right of another union
vying for recognition
 5. To exert pressure on union demands for
wage increases and other benefits
 Strike- A duly Authorized Bargaining
Representative
 Lockout- The management or employer
 Content:
 1.The names and addresses of the employer
 2. The union involved and the nature of the
industry where the employees belong
 3. The number of union members and of the
workers in the bargaining unit
 4.Other relevant data to facilitate settlement
of the dispute such as a brief statement or
listing of all pending labor dispute involving
the same parties.