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A Sample Critique Paper of X Collective Bargaining Agreement (CBA)

By: Luz Celine Arat-Cabading

Introduction

In reviewing the Collective Bargaining Agreement (CBA) vis-à-vis my

recent gained knowledge about CBAs, I noted several thinking points
which, to organize my thoughts, I categorized into four distinctions: my general
reaction to the CBA, provisions in strict compliance with the Labor Code, some
distinct features of the CBA that stand out for me, and too-good-to-be true
provisions. I further broke down the fourth distinction into two possible
reasons: because of the benevolence of employer or because the CBA is a
company union.

General Reaction

It is interesting for me to see all the features of a CBA (in accordance to

the principles why the law mandates it) executed in an actual agreement. My
usual thoughts that “the employer and the union are by nature always on a-
tiptoe when faced with each other” seem quite far-fetched after reviewing
the CBA. Instead of an anticipated animosity, I can actually feel the spirit of
friendship, camaraderie and unity between the two entities written in between
the lines of the agreement.

A section in the WITNESSETH part of the agreement caught my

attention. The section stipulated that “the Union pledged its cooperation to
help the UNIVERSITY achieve its mission and goals” yet it failed to stipulate
explicitly that its utmost concern will be the interest of its members who are
the employees. The statement in the CBA signifying that the union will align
with the mission of the University and the Labor Code appears very ideal that it
led me to wonder how much of this principle is embodied in the different
provisions in this agreement.

Some Provisions Are In Toto with the Labor Code

Noteworthy are some provisions in the agreement that were quite

stipulated exactly as the labor code dictates. An example of this are the
provisions on specific procedure for suspension and dismissal which
emphasized in Section 5 the adherence to equity in proceedings by ensuring
due process and right to be heard. Discipline in the conduct of the union
members was also clearly defined.
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Distinct Features of the CBA That Quite Stand Out

It was good to note that nothing in the agreement was contrary to the
provisions of the Labor Code. Furthermore, there were several exemplary
provisions in the CBA worthy to point out being quite beneficial to both the
employer and the union.

First, Article I Section 1 of the CBA gave a clear-cut definition of who are
its members and who are not. Second, the agreement clarified that
the maximum obligation of the University as the employer is to keep
up TRANSPARENCY in its action. I like that word because it encompasses all
the defenses of the UNION in ensuring its interest. Finally, the obligation of the
union mandated by the CBS, which is to ensure representation and
participation of the union university in various relevant committees, strikes the
balance of fair protection for both entities.

Too Good To Be True Provisions

A. Benevolence of the Employer?

An ample number of provisions in the agreement were quite impressive

to me as I noted these conditions to be very generous of the employer. The
UNIVERSITY extends to its employees plenty bonuses which are quite beyond
the least labor law need. Examples of these are the “sign-in bonus upon the
signing of the CBA”, productivity enhancement incentive which is comparative
to 14th month salary, rice allowance, 100% school fees discount for staff,
educational benefits for the members’ four children and the spouses, and 10%
discounts on book purchases.

There were also provisions that I thought I can only see in foreign
institutions where I used to work. It warms my heart that Philippine
universities also extend these benefits. Examples of these are toxic chemicals
and wildlife handling risk pay for medical departments and engineering,
grounds and carpentry, free annual lab tests, and sabbatical leaves of one year
and even more.

I also took special note of the agreements in Article VI: Working Relation
because it has a specific provision that protects security of tenure of the
employees. Section 5 specifically provides to the union the first priority or
preference in filling up vacancies in the university. The sense of security
provided to the employees were even extended to the family members as
contained in Section 6 which states that for employees who are separated from
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the university for reasons of retirement, death or disability, their children shall
be given work opportunities in the university. That is quite humane for the
employer.

B. ---, A Company Union?

However, there were also provisions in the agreement that were quite
seemingly too good to be true which lead me to speculate if this union is indeed
the “employees’ true representation”. The “no strike nor lock out” provision in
Article IX was quite odd to me because this is contrary to the employees’ right
to self organization. The Union also has a hand in the formulation of the Staff
Performance Rating Instrument as well as it is given substantial number of
representation in various university committees. The university even provides
for the office space of the union. It almost feels like the union is part of the
school administration.

The provision which provides housing units to the union members is

outstanding when viewed as to the employees’ economic benefits. But I can
also see possible conflicts in terms of balancing employer-employee interest
because these economic provisions, which may initially seem liberating, can
eventually become restricting as the employer gains more control over the
employees.

Two provisions were also quite uniquely striking to me. The first is the
provision in Article II Section 4 which provides erring employees a cleansing-off
period, thereby giving a chance to an employee to restart from all his or her
bad records. The second is this very generous provision which extended the
free schooling privilege even to single employees and/or married employees
without child/children by designating it to his or her two beneficiaries. The
provision also provides discounts for employee’s relatives up to 3rd civil degree
of consanguinity.

Conclusion

In summary, I see nothing in violation of the provisions contained in

the --- CBA. Rather, I see many benefits extended to the employees that are
above and beyond the minimum. The CBA can then be viewed with three kinds
of attitudes. One would be that of a speculative employee who just do not
accept what is seemingly innocent but also reflects on its indirect effect on the
employees’ over all interest. The second attitude would be that of a grateful
employee who would rather look at the benevolence of the employer and
strive to be an asset to the institution by helping it meet its goals and mission.
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The third would be that of one who can only see his or her own gains and
losses, reacts when aggrieved and celebrates when benefitted. It would be most
ideal to have a mix of these three kinds of attitudes to support the balance
of interest among the three entities – the employer, the union and the
employees. However, ideals are indeed not the realities. The labor relation
setting will have to deal with these three distinct attitudes, if not more, and
constantly strive to strike a balance.