TOPIC 3

COLLECTIVE BARGAINING

is the process in which workers, through their unions, negotiate contracts with their employers to determine the terms of employment, including wages, benefits, hours of work, leave, occupational health and safety policies, including ways to balance work and family.

COLLECTIVE BARGAINING AGENT

refers to the union chosen by the majority of the employees in the bargaining unit to represent them in bargaining with the employer. A union certified as an exclusive bargaining agent represents not only its members, but also other employees who are not union members.

COLLECTIVE BARGAINING UNIT

group of employees sought to be represented by a union.

COLLECTIVE BARGAINING AGREEMENT

the law between two parties. ● The negotiated contract between a legitimate labor organization and the employer regarding employment terms and conditions.

DISTRIBUTIVE BARGAINING

dividing the resources

INTEGRATIVE BARGAINING

want to have mutual gain to solve issues, paano maiimprove ang overall conditions between the parties.

ARTICLE 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.

UNION

In order to begin the bargaining process, the___must be the sole and exclusive bargaining representative.

CERTIFICATION ELECTION

The process of determining through secret ballot the sole and exclusive representative of the employees.

This is done by filing a petition for certification election.

CONSENT ELECTION

It is done when there are two or more unions contending to bargain with the employer but they do not want to file a petition for certification election.

MED ARBITER

The conduct of consent election is agreed upon by both parties, while conduct of a certification election is ordered by the?

RUN OFF ELECTION

An election between the labor unions receiving the two highest number of votes in certification or consent election.

RERUN ELECTION

An election conducted to break a tie between contending unions, including “no union” and one of the unions.

An election conducted after a failure of election has been declared by the election officer and/or affirmed by the Med-Arbiter.

Conducted to resolve a tie

SOLE AND EXCLUSIVE BARGAINING AGENT

or SEBA

If there is only one legitimate labor union operating in the industry, the said union may request the Dept. of Labor Regional Office that SEBA Certification is issued.

ARTICLE 261

The collective bargaining process begins with the union sending a notice to bargain with the employer. Stated in Article ___ of the Labor Code, the following are the stages in collective bargaining.

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Serve a written notice upon the other party with the statement of its proposals. The other party shall make a reply thereto not later than ___calendar days from receipt of such notice;

VOLUNTARY ARBITRATION

The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to?

PRELIMINARY STAGE

refers to the sending of a written notice to bargain.

NEGOTIATION

the stage where the parties give their proposals and counter proposals.

EXECUTION

stage where the parties sign the collective bargaining agreement.

PUBLICATION

the posting of copies of the CBA in two conspicuous places in the factory or industry at least five days before the scheduled date of ratification.

RATIFICATION

the process where members of the bargaining unit vote to approve or disapprove the CBA.

REGISTRATION

the stage where the parties register their CBA with the DOLE Regional Office or the Bureau of Labor Relations.

ADMINISTRATION

the stage where the parties implement the provisions of the CBA for the mutual benefits of the employees and the employer.

INTERPRETATION AND APPLICATION

this happens if there is ambiguity in any of the provisions of the CBA.

NATIONAL CONCILIATION MEDIATION BOARD

or NCMB

They are tasked to formulate policies, develop plans and programs, and set standards and procedures for the promotion of conciliation, and mediation of labor disputes.

MANAGEMENT PREROGATIVE

the right of the employer to discipline its employees

UNION PREROGATIVE

the right of the union to discipline its members

SCALE OF WAGES

the provisions which are intended to prevent discrimination in the payment of different types of workers and to avoid wage distortion

LEAVE OF ABSENCE

provisions for leaves like sick leave, vacation leave, etc.

UNION SECURITY CLAUSE

the provision requiring the employer to recognize the right of the union which negotiated the CBA to maintain and protect its membership by imposing certain terms and conditions in hiring new employees and retention of employment for the durations of the CBA

GRIEVANCE MACHINERY

a method of addressing and resolving grievance or questions by the management or the union regarding interpretation and enforcement of the CBA provisions and interpretation and implementation of company personnel policies

VOLUNTARY ARBITRATION

a method of settling labor-management disputes by submitting the controversy before a voluntary arbitrator or panel of the voluntary arbitrators chosen by the parties to the CBA or accredited by the NCMB

CHECK OFF

a method of deducting from an employee’s salary at prescribed period to pay for the employees’ union fees, fines, or assessments for the purpose of raising funds for the union as provided under Article 250 of the Labor Code

FAMILY PLANNING

population education pursuant to the program of the government for reproductive health

LABOR EDUCATION

a mechanism designed to inform and educate and the workers regarding their rights and duties.

INTERPRETATION CLAUSE

provision for the mechanism in applying and interpreting the provisions of the CBA.

REPRESENTATION ASPECT OF THE CBA

It refers to the union who represents the employees in the bargaining unit in negotiating with the employer.

CONTRACT BAR RULE

It is provided in Article 265 of the Labor Code that no petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the Department of Labor & Employment. ● For the period of 5 years, the employer will not negotiate with any other union.

FREEDOM PERIOD

the 60-day period immediately before the date of expiry of such a 5-year term of the CBA.

AUTOMATIC RENEWAL CLAUSE

It is also known as the evergreen clause which is deemed incorporated in all CBA.

ARTICLE 264

An article that provides that the duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime.

ECONOMIC ASPECT OF THE CBA

It refers to the terms and conditions of employment as well as the benefits that the employees in the bargaining unit should enjoy.

265

As stated in Article___of the Labor Code, all other provisions shall be renegotiated not later than 3 years after its execution.