Please enable JavaScript.

Coggle requires JavaScript to display documents.

F. Collective Bargaining and Administration, Timeline - Coggle Diagram

- - - - 3. Appeal, Rules of Court, Rule 43
      - Voluntary Arbitrator (219) - Arbitrator means:
        
        ACCREDITED - Any person accredited by the Board as such, or any person named or
        
        DESIGNATED - in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator,
        
        CHOSEN - or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement,
        
        ANY OFFICIAL - or any official that may be authorized by the Secretary of Labor and Employment to act as Voluntary Arbitrator upon the written request and agreement of the parties to a labor dispute.
        
        Jurisdiction of the Labor Arbiters and Commission (224) - Cases arising from the implementation of CBA and those arising from the interpretation of enforcement of company personnel policies shall be disposed by LA by referring to grievance machinery and voluntary arbitration as may be provided in agreements.
        
        Grievance Machinery and Voluntary Arbitration (273) - Parties to a CBA shall include provisions that will ensure mutual observance of the CBA. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of the CBA and those arising from interpretation or enforcement of company personnel policies.
        
        Jurisdiction of Voluntary Arbitrators and Panel of Voluntary Arbitrators (274) - VA/Panel shall have original and exclusive jurisdiction over all unresolved grievances arising from the interpretation or implementation of the CBA AND those arising form the interpretation or enforcement of company personnel policies referred to in Art. 273.
        
        Jurisdiction over other Labor Disputes (275) - VA, UPON AGREEMENT of the parties shall also hear and decide all other labor disputes including unfair labor disputes and bargaining deadlocks.
        
        Procedures (276) - VA shall have power to hold hearings, receive evidence, take whatever action necessary to resolve the issue/s subject of the dispute, including efforts to effect a voluntary settlement between parties.
        
        3 more items...
        
        Gross Violation - Violations of CBA EXCEPT those who are gross in character. Gross refers to flagrant/malicious refusal to comply with economic provisions of the CBA.
        
        Referral - Commission, its Regional Offices and the Regional Directors of the Department of Labor and Employment shall not entertain disputes, grievances or matters under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and refer the same to the Grievance Machinery or Voluntary Arbitration provided in the Collective Bargaining Agreement.
        
        PROCEDURE - Grievances submitted to machinery, if unresolved within (7) calendar days from the date of submission shall be AUTOMATICALLY referred to voluntary arbitration prescribed in CBA.
        
        Designation/Advance - Parties to a CBA shall name and designate in advance:
        
        Voluntary Arbitrator
        
        Panel of Voluntary Arbitrators
        
        Include in the agreement a procedure - for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board.
        
        FAILURE TO SELECT - If parties fail to select/designate, the Board shall designate the VA pursuant to the selection procedure agreed upon in the CBA.
        
        Samahan ng Manggagawa sa TopForm Mfg. v. NLRC - Proposals raised by the contracting parties NOT in the CBA cannot be the subject of implementation and interpretation.
        
        Termination (Atlas Farms v. NLRC) - But, where there was already actual termination, with alleged violation of the employee's rights, it is already cognizable by the labor arbiter.
        
        termination cases arising from interpretation/implementation of CBA falls within the exclusive and original jurisdiction of the voluntary arbitrator.
    - - Reasonable Fees - Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective bargaining agreement:
        
        Individual Authorization - Individual authorization required under Art. 242(o) of the LC shall not apply to the non-members of the CBA
      - Types of Union Security Clause Agreement (BPI v. BPI Employees Union) - Union security general term. Encompasses the following:
        
        Union Shop - when all new regular employees are required to join the union within a certain period for their continued employment
        
        Maintenance Of Membership Shop - when employees, who are union members as of the effective date of the agreement, or who thereafter become members, must maintain union membership as a condition for continued employment until they are promoted or transferred out of the bargaining unit or the agreement is terminated
        
        Termination (Del Monte Phil v. Saldivar) - Termination on the basis of CBA stipulations such as Closed Shop agreements must comply with procedural and substantive due process requirements.
        
        The employer needs to prove (PICOP Resources Inc. vs. Taneca)
        
        union security clause is applicable
        
        union is requesting for the enforcement of the union security provision in the CBA, and
        
        there is sufficient evidence to support the decision of the union to expel the employee
        from the union
        
        Requisite of Demand - Union must be the one to demand the termination on the basis of the union security clause. Demand must be made pursuant to twin notice rule under just termination.
        
        CLOSED SHOP - no person may be employed in any or certain agreed departments of the enterprise unless he or she is becomes and for the duration of the agreement, remains a member in good standing of a union entirely comprised of or of which the employees in interest are a part
        
        Coverage (BPI v. BPI Employees Union) - Applies to all members of the bargaining unit EXCEPT:
        
        RELIGIOUS - employees who at the time the union shop agreement takes effect are bona fide members of a religious organization which prohibits its members from joining labor unions on religious grounds
        
        OTHER UNION MEMBERS - employees already in the service and already members of a union other than the majority at the time the union shop agreement took effect
        
        CONFIDENTIAL EMPLOYEES - who are excluded from the rank and file bargaining unit
        
        EXPRESS AGREEMENT - employees excluded from the union shop by express terms of the agreement
        
        Absorbed Employees - No such classification exists in law. Thus, absorbed employees are either new or old employees to which closed shop agreements apply.
  - - - DOUBT (1702) - In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer.
  - - - Terms of a Collective Bargaining Agreement (265) -
        
        REPRESENTATION ASPECT - (5) years duration for CBA. Counting from the certification. This is Contract bar. Thus, no petition for certification election UNLESS freedom period or, other stipulations regarding representation such as coverage of the bargaining unit.
        
        OTHER ASPECTS - Renegotiated not later than (3) years after execution. This means that even if parties negotiate for (5) year period, they would have to renegotiate anyway. Negotiation for this is the remaining (2) years.
        
        RETROACTIVITY - OTHER AGREEMENTS concerning other provisions of the CBA entered into within (6) months from date of the expiry (date fixed by CBA) shall retroact to the day immediately following such date. IF beyond (6) months, parties shall agree on the duration of the retroactivity.
        
        Deadlock - Parties may exercise rights under the LC in case of deadlock.
        
        Extension of Period (FVCLU-PTGWO v. SANAMA-FVC-SIGLO) - While the parties may agree to extend the CBA term beyond the (5) year period, the Union's exclusive bargaining status CANNOT be extended beyond (5) years. This means that (5) year term is the sole reckoning point for another petition for certification election.
        
        Representation/All Others - Sir says not followed. Here, economic and non-economic. Non-economic is raised in second period of negotiations. Non-Economic/Representation usually refers to coverage of ABU.
        
        Definitions (SMC Union v. Confesor)
        
        REPRESENTATIONAL - The "representation aspect" refers to the identity and majority status of the union that negotiated the CBA as the exclusive bargaining representative of the appropriate bargaining unit concerned.
        
        OTHER ASPECTS - - "All other provisions" simply refers to the rest of the CBA, economic as well as non-economic provisions, except representation.
        
        Representation Issue in Organized Establishments 268 - IF
        
        organized establishment AND
        
        filed within (60) day period before the expiration of the CBA,
        
        Verified Petition is supported by written consent of at-least (25%) of all employees in the bargaining unit.
        
        THEN - Med-arbiter automatically order an election by secret ballot.
        
        HOW CONDUCTED;Double Majority - At-least a MAJORITY of ALL ELIGIBLE voters in the unit must cast their votes. Majority of majority votes is designated as the SEBA.
        
        Consolidation/Multiple Filing, National (Rule VIII, S. 2) - IF (2) or more petitions involving same ABU filed in (1) Regional office, automatically consolidated with the med-arbiter who first acquires jurisdiction. If different, the first petition shall exclude all others and the RO shall indorse the petition excluded for consolidation to the RO where first one was filed.
        
        Submission of the 25% Signature (PWUP v. Laguesma) - No simultaneous submission of 25% signature count alongside the petition for certification election is necessary. So long as filed within the freedom period. Consent signatures may be filed within a reasonable period from the filing.
        
        FREEDOM PERIOD (Oriental Tin Union v. SOLE) - Even after a new CBA has been entered after the filing of a petition for certification election, the election must still be conducted as the filing ave rise to a representation case pursuant to IRR RVBV S. 4)
        
        GROUNDS FOR DISMISSAL - In an organized establishment, the failure to submit the 25% signature requirement to support the filing to the petition for certification election is a grounds for the Med-Arbiter to dismiss said petition. [Sec. 14(f), Bk. V, Rule VIII, Omnibus Rules Impl. PD
        442]
        
        1 more item...
        
        FORCED INTERVENTION/INCLUSION (Sec. 8, Bk. V, Rule VIII, Omnibus Rules Impl. PD 442, renumbered pursuant to D.O. 40-I-15) - Incumbent bargaining agent is automatically one of the choices in the certification election.
        
        Inclusion/Exclusion - Year 1 negotiation, Management usually says exclusion inclusion in ABU is a political thing.
        
        RUN-OFF ELECTION - IF certification election has
        
        (3) - or more choices AND
        
        NO MAJORITY VOTE - in favor of any-one of them AND
        
        NO UNRESOLVED - challenge of votes/election protest.
        
        TOTAL NUMBER - of votes cast for unions is at-least 50% of all votes
        
        Here, election between the TWO UNIONS with the highest number of votes.
        
        Requisites - Note that this requires the conduct of a valid election i.e. majority vote, etc. No-Union is also a valid choice. Also uses the same voter's list in the certification election.
        
        Period of Resolution (270) - All certification cases shall be decided within (20) working days. To be conducted in accordance with the IRR prescribed by the SOLE.
        
        APPEALS (272) -
        
        WHO MAY APPEAL - Any party to an election (not employer) the order or results of the election as determined by the Med-Arbiter
        
        WHERE APPEAL - directly to the SOLE.
        
        GROUNDS FOR APPEAL - that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for the conduct of the election have been violated
        
        HOW RESOLVED - Within (15) calendar days.
        
        2 more items...
        
        Re-Run Election - In case certification, consent or run-off results in a tie between (2) choices, election officer must immediately notify parties involved AND post notice of re-run within (5) days from the election. Re-run conducted (10) days after posting of notice.
      - Meaning of Duty to Bargain (263) - 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.
        
        Right to Suspend Bargaining (Rivera v. Espiritu) - Right to free collective bargaining includes the right to suspend such right. Thus, they may opt to voluntarily suspend the CBA.
        
        Scope of Duty to Bargain (Topforms) - Failure to reach an agreement after negotiations does not mean bad faith. Duty to bargain does not include obligation to reach an agreement. However, covers,
        
        DUTY TO - Meet and bargain
        
        DUTY TO - observe the terms and conditions of the CBA. If they want to change terms, then renegotiate like a contract.
        
        Mandatory Subjects of CBAing - Wages, Hours of Work, and other terms and conditions of employment.
- - - - Refusal to Bargain (Kiok Loy) - Company's refusal to make a counter proposal may indicate bad faith. Unfair when employer after being served with a written bargaining proposal, did not answer or reply.
        
        Procedure (Divine Word v. Tacloban & General Milling v. CA 2004) - SC makes the proposed CBA the CBA in force due to refusal to bargain of the employer.
      - Request for Conference (10) days - Here, management either rejects the entirety or partially the proposal. In such cases, so long as there is a disagreement, parties will commence meeting for negotiations via conference.
        
        Deadlock - Conference may lead to a deadlock, i.e. an impasse despite reasonable effort at good faith bargaining. This may result in a notice of strike.
        
        Undue Refusal (Tabangao Shell v. Pilipinas Shell) - If one of the parties unduly refuses to comply with its duty to bargain, this can also amount to a deadlock.
        
        Intervention 261(c) - Once deadlock is identified, NCMB will attempt to mediate to break the deadlock via conciliation/mediation meetings.
        
        CBA Administration (265) - Contemplates a signed (by negotiation panel) CBA. After signing, there must be posting, and then ratification. After all of this, administration begins.
      - Acceptance - Alternatively, management just accepts proposal. Here, no need for other steps, instead, straight to registration procedure under DO 40-03. Here, there must be 100% ratification by members of the bargaining unit of the terms and conditions of the CBA.
- - - - Rice Benefits
        
        Uniform Benefits
        
        Transportation Benefits
        
        Emergency Leave - Usually applied in organized establishments. SIL--> Vacation Leave --> Emergency Leave is the usual order of application.
- - - - Bargaining Deadlock - Point in time where parties cannot agree. An impasse/deadlock. Once declared, the certification year and negotiation bar does not apply. Instead, deadlock bar provides that no petition for certification election will be entertained for the period of the deadlock.
      - Contract Bar - Once the negotiations are successful, a registered CBA will prevent a certification election from being filed. This lasts for (5) years UNTIL (60) day freedom period counted from before the expiration of the CBA.