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Maria Hazel C. Guarin Management PERSONNEL AND LABOR RELATIONS 1. What is collective bargaining?

Human Resource

As defined in Wikipedia, collective bargaining is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.

2. What is a collective bargaining agreement (CBA)?

A collective bargaining agreement (CBA) is an agreement between employers and employees which regulates the terms and conditions of employees in their workplace, their duties and the duties of the employer. It is usually the result of a process of collective bargaining between an employer (or a number of employers) and a trade union representing workers.

3. What is the purpose of collective bargaining?

The purpose of collective bargaining may be either a discussion of the terms and conditions of employment (wages, work hours, job safety, or job security) or a consideration of the collective relations between both sides (the right to organize workers, recognition of a union, or a guarantee of no reprisals against the workers if a strike has occurred).

4. Why does the State declare it a policy to promote free collective bargaining as a mode of settling labor disputes?

As defined, free collective bargaining are formal discussions between workers and employers that are not limited by the law or government, about pay, working hours and conditions at work. The state acts as a mediator wherein both parties opinions and ideas are heard through the labor relations board mandated by the government.

5. Why does the labor code encourage the writing or signing of a CBA?

Signing of a collective bargaining agreement is encouraged by the labor code so that a truly democratic method of regulating the relations between the employers and employees is encouraged by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under the Labor Code

6. What is the advantage of having a CBA?

Having a collective bargaining agreement states the following advantages: It can lead to high-performance workplace where labor and management jointly engage in problem solving, addressing issues on an equal standing. Provides legally based bilateral relationship. Managements rights are clearly spelled out. Employers and employees rights protected by binding collective bargaining agreement. Multi-year contracts may provide budgetary predictability on salary and other compensation issues. Unions may become strong allies in protecting higher education from the effects of an economic slowdown. Promotes fairness and consistency in employment policies and personnel decisions within and across institutions. Employees may choose whether they want union representation. A strong labor management partnership may enable the workforce development needed for engaging the technology revolution.

7. Who are the parties to a collective bargaining agreement?

The parties in a collective bargaining agreement are the union as the workers representatives and the management as the employers representative. Only a duly registered union that is recognized as the exclusive collective bargaining agent of workers can undertake the collective bargaining process.

8. Which party initiates collective bargaining?

The initiation to bargaining is a signed letter by the union or the employer that sets out the intention of that party to bargain for a collective agreement.

9. What is the collective bargaining unit?

The collective bargaining unit administers the Collective Bargaining Act for Public Employees. This Act provides for and protects the rights of employees in self-organization and provides for bargaining duties and rights on the part of the employee and employer and a procedure for guaranteeing that provisions are met by the employee and employer in this process. The Collective Bargaining Unit directly provides services to the public sector.

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What is an exclusive bargaining representative?

An exclusive bargaining representative is a labor organization that has been designated by the Labor relations board as the representative of a majority of public employees in an appropriate bargaining unit. When a labor organization is designated as the exclusive bargaining representative it acts as the voice of employees when negotiating with the employer regarding terms and conditions of employment.

11. How does a labor organization become the bargaining representative in a collective bargaining unit?

exclusive

Labor unions are organized groups of dues-paying workers from the same or related fields who have joined together to present a collective voice in matters of negotiation. They have internally elected leadership and have been a powerful force in the American workplace for many years. By joining together in a group, they provide a more powerful voice than individual workers. Using tactics such as strikes and boycotting allows them to exert pressure on management to have their requests met.

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Who are covered by the collective bargaining agreement?

The persons covered by the collective bargaining agreement are the union members and other member included in the CBA.

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What is the meaning of the duty to bargain collectively?

The duty to bargain collectively means good faith. The public employer and the exclusive representative, through appropriate officials or their representatives, have the authority and the duty to bargain collectively. to bargain collectively is the performance of the mutual obligation of the public employer or the public employer's designated representatives and the representatives of the exclusive representative to meet at reasonable times and negotiate in good faith with respect to wages, hours, fringe benefits, and other conditions of employment or the negotiation of an agreement or any question arising under an agreement and the execution of a written contract incorporating any agreement reached. The obligation does not compel either party to agree to a proposal or require the making of a concession.

14. Does the duty to bargain collectively compel any party to agree to a proposal or to make a concession?

No, the obligation does not compel either party to agree to a proposal or require the making of a concession.

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What are the other aspects of the duty to bargain collectively?

The duty to bargain answers the questions: Is there a duty to bargain? and When does the duty to bargain arise?; while the scope of bargaining answers the questions If there is a duty to bargain, what must be bargained? and Are proposals negotiable?.

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What are the contents of the CBA?

The essential contents of a collective bargaining agreement include: a. Legal. Collective bargaining is a process of negotiating an agreement. b. Economic. Its contents specify the terms and conditions of employment (e.g. salary/wage increase, benefits, etc.). c. Political. The arrangement is a product of negotiation between labor and management. d. Moral. It involves a system of shared responsibility and decision-making.

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What is a bargaining deadlock?

A bargaining impasse occurs when the two sides negotiating an agreement are unable to reach an agreement and become deadlocked. An impasse is almost invariably mutually harmful, either as a result of direct action which may be taken such as a strike in employment negotiation or sanctions/military action in international relations, or simply due to the resulting delay in negotiating a mutually beneficial agreement.

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What can the parties do in case of bargaining deadlock?

During a deadlock, the union may file a notice of strike while the company may file a notice of lockout to the DOLE. Both parties, however, may opt for conciliation and mediation in which government representatives through which conciliators or mediators help labor and management in settling their disagreement. If the deadlock is not resolved within thirty days, the union can

go on strike while the company can lockout provided they have submitted a winning strike-vote or lockout-vote seven days prior to intended date of strike or lockout. The DOLE, on the other hand, may elevate the case to compulsory arbitration. A decision arrived at in compulsory arbitration is appeal able up to the Supreme Court. 19. What should the parties do after reaching an agreement in a collective bargaining? If both parties agree on the proposal, a collective bargaining agreement is signed. If not, then a deadlock or a disagreement regarding certain proposals ensues between labor and management. The CBA is presented to the general membership for ratification. A CBA, to be considered ratified, requires a vote of not less than one-half of the total membership of the union. This procedure, however, is not applicable to agreements whose contents are results of compulsory arbitration. 20. What is the next step after the final draft of the collective bargaining agreement has been carefully reviewed by the parties? The merit of a collective bargaining agreement lies to a great extent of the implementation of its provision. Most CBAs have a term of three years. The date of effectivity of a provision (e.g., wage increase) is usually specified in the agreement. How this provision is put into practice is subject to the interpretation of labor and management, a process that sometimes leads to a dispute. To accommodate the conflict, CBAs include machinery for settling grievances or disputes.