Collective bargaining should neither be adversarial, exploitative, nor a way of getting even.

Therefore
every attempt to collective bargaining must eventually end in a mutual agreement. Collective bargaining is
"working side by side" with the other party to achieve mutual benefits. The whole process may be as short
as two to three days to six months to three years. All labor disputes should end up peaceably after long and
prolonged sessions of negotiation. In this sense, collective bargaining becomes both a legal and moral duty
of everyone (management and union).

For the sake of industrial peace the revised Labor Code provision obligates both management and
labor to do the following:

• To meet and convene promptly and expeditiously;

• To negotiate without taking undue advantage of the other; and

• To negotiate in good faith

There can be no trust and confidence if both parties are dealing in an atmosphere of bad faith. It is
therefore always necessary for both management and union to negotiate in good faith. For good faith (or
bona fide) is the recipe of success in any collective bargaining. Werhane and Radin (1997) believed that
the duty to negotiate in good faith requires all parties to do two things:

1. To demonstrate an honest intent to consummate a labor agreement, and

2. To be reasonable in their respective bargaining positions.

As per the provision of our Constitution, this duty does not compel either party to automatically agree
to a proposal or require the making of a concession.

Collective bargaining must finally lead into some kind of an agreement. Failure to reach an agreement
is an impasse. You know what happens when there's an impasse. The consequence is not desirable when
union members withhold labor by staging a strike. And during a legitimate strike, the employer (usually
prepared for all contingencies) goes under a severe economic pressure either to seek for settlement or to
fold tent and go out of business.

ANALYSIS OF STRIKE
 A strike or work stoppage is a kind of an ultimatum to management, and such it is truly an effective
method used by labor unions in the entire free world to pursue the just rights of their members. The truth of
the matter is, it is every worker's right to go on strike.

• The use of strike remains, in clear and simple words, the extreme and radical means. And this extreme
means cannot be abused, especially for political or alien purposes other than its original aim. Therefore,
you cannot just join a pocket that is illegal.

• Strike is not a lock-out. Strike is the refusal to work on the part of the organized workers, whereas the
refusal employers to admit the workers to work is called a lock-out. Either one or the other may occur in the
course of a collective bargaining, when one of the parties in the labor contract cannot otherwise obtain the
favorable proviso it desires. The question is: How can we justify the staging of a strike?

• Experience warns us that the abuse of the strike weapon can lead to the paralysis of the socio-economic
life, or at the very least of the industry. The abuse of the strike weapon is contrary to the requirements of
the common good of society.

• The staging of strike runs contrary to the properly understood nature of human labor itself. Whereas labor
should unite all people, a strike divides.

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