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Professor : Ms. Ellen P. Garcia
Human Resources Management
COLLECTING BARGAINING AGREEMENT and LABOR RELATIONS
Human Resources Management
including mandatory provisions for grievance and arbitration machinery. • Also called labor agreement.DEFINITION OF COLLECTING BARGAINING AGREEMENT (CBA) • is a negotiated contract between a legitimate labor organization and the employer concerning wages. union agreement. • Usually CBA is a 1 to 3 years contract period. or union contract Human Resources Management . hours or work and all other terms and conditions of employment in a bargaining unit.
(As amended by Section 3. 1989). hours of work or other terms and conditions of employment. Republic Act No. 6715. no court or administrative agency or official shall have the power to set or fix wages.MAIN OBJECTIVE OF CBA • To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining. except as otherwise provided under this Code. Human Resources Management . March 21. rates of pay.
CBA increases are not governed by the salary structure. 5. 6. Job Classification or list of jobs within each Job Grade may be incorporated in the CBA so that employees know their career path.A. C. it is not performance based and is not motivational. Some companies grant merit increase on top of CBA increases.B. Since CBA increases are given across-the-board. 2.IMPLICATIONS OF CBA 1. 4.s normally contain provisions that management agrees to undertake a Job Evaluation program. It would be good to brief union officers about Job Evaluation so that misunderstandings could be avoided. 3. Human Resources Management . Job evaluation is a management tool and prerogative to set salary rates based on job values and is not subject to negotiations.
to the relationships between the employees on one hand and management on the other. This also covers the relationship between management and labor unions in unionized companies. in a broad sense. Human Resources Management .DEFINITION OF LABOR MANAGEMENT RELATIONS (LMR) • The term “labor relations” refers.
• The administration of collective bargaining contracts with the union.IMPORTANCE OF LMR • The administration and application of personnel policies and programs adopted by management. • The solution of day-to-day problems that arise in connection with labor and social legislation and government rules relative to employee-employer relations. Human Resources Management .
4. Then old concept o general indifference and passiveness in labor management relations. 2. 3. The second concept born of modern industrialization is that the employer has a social and moral responsibility to ameliorate the lot of his employees. and may even cripple the country‟s economy. expressed in the laissez faire philosophy has given way to the idea that the government should assume the role of guardian over the interests of labor. The fourth concept is the modern idea that the government should actively intervene in labor disputes because such disputes are costly both to the disputants and the public. Human Resources Management .BACKGROUND OF PRESENT LABOR-MANAGEMENT RELATIONS 1. The third is the idea of social justice.
Modern business management practices of overloading the payroll with high-salaried executives. Human Resources Management .IRRITANTS TO WORKERS 1. The shift of workers‟ loyalty from management to union. Management‟s resentment of the undue protection by the government of employees and unions through pieces of legislation. while scrimping on workers‟ wages. 4. 3. while neglecting the welfare of workers. technicians. 2. The desire of employers to operate as economically as possible in their efforts to make profits. Management‟s indifference and arbitrariness in dealing with workers. and consultants. 5.
8. Acts of harassment by the union by way of killing all kinds of complaints and grievances with the grievance machinery.IRRITANTS TO WORKERS 6. Abuses of some employees because of their belief that they enjoy the protection of the law and that the government will always be on heir side. Inter-union and intra-union rivalries which make labor relations uncertain and create difficulties for management. once they become union members. 9. 7. The reduction in management‟s right to discipline or even just o deal with employees. Human Resources Management .
DEPARTMENT OF LABOR AND EMPLOYMENT: ITS FUNCTIONS • Promotion of employment and manpower development and utilization. • Promotion and maintenance of industrial peace based on social justice. Human Resources Management . • Protection of workers‟ welfare.
LABOR RELATIONS • • • • Declaration of Basic Policy Construction in favor of Labor Rules and Regulations Applicability Human Resources Management .
7. Right to compulsory arbitration as maybe provided by law 11. and creed Right to self organization Right to collective bargaining and negotiations Right to security of tenure Right to just and humane conditions of work Right to peaceful. concerted activities including strikes Right to participate in policy and decision making processes affecting their rights and benefits 10. 2. Right to certain hours of work and weekly rest periods 12. Right to protection by state Right to full employment Right to equal work opportunities regardless of sex. 4. Right to protection under safety and health standards 16.RIGHTS OF LABOR 1. 5. Right to overtime and premium pay 13. 8. race. 3. 6. Right to social security and medical care Human Resources Management . medical. 9. Right to employee‟s compensation in case of injury or illness in line of duty 17. and dental treatment 15. Right to living wage 14. Right to emergency.
4. 9. 5. 3. 6. 2.LABOR ORGANIZATIONS 1. 8. 7. Union Objectives Work of Unions Registering Unions Federation of Unions Local Union Independent Union Union Officers Union Membership Union in Government Agencies Human Resources Management .
to maintain union membership or pay union dues or requiring an employer to check off dues from employees' wages. b) Union shop—The employer may hire anyone regardless of their union membership status. all nonunion employees must pay a fee (known as the "agency fee") to the union to cover the costs of collective bargaining (and. as a condition of employment. other fees as well).UNION SECURITY • A union security clause is a provision in a union contract requiring employees. An employee who resigns from the union must be fired. An employee who resigns from the union must be fired. • Various type of Union Security Agreement a) Closed shop—The employer agrees to hire only union members. Human Resources Management . An employee who resigns from the union may not be fired but must pay the agency fee. in some countries. c) Agency shop—The employer may hire anyone regardless of their union membership status. but the employee must join the union within a set time period (such as 30 days). However. and the employee need not join the union.
Human Resources Management .states that workers who were union members when the contract was signed must remain union members throughout the term of the contract. and other dues from union members and/or nonmembers directly from each worker's paycheck and transmit those funds to the union on a regular basis. Further.UNION SECURITY • Various type of Union Security Agreement d) Maintenance of membership . fees. Only about 4 percent of all collective bargaining agreements are estimated to have maintenance of membership clauses today e) Dues check off—A contract between the employer and union where the employer agrees to collect the dues. assessments. under this type of security clause. members must pay dues during the term of the collective bargaining agreement.
The exchange of messages takes place and opinion of both the parties is sought. production norms and other relevant conditions is required. b) Discuss: the parties decide the ground rules that will guide the negotiations. The first thing to be done is to determine whether there is actually any reason to negotiate at all.COLLECTIVE BARGAINING PROCESS 1. Who should attend negotiations • This involves composition of a negotiation team. Human Resources Management . The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. A correct understanding of the main issues to be covered and intimate knowledge of operations. Planning for negotiation a) Prepare : In this phase both the employer‟s representatives and the union examine their own situation in order to develop the issues that they believe will be most important. An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached. working conditions. 2. In a word. A process well begun is half done and this is no less true in case of collective bargaining. c) Propose: This phase involves the initial opening statements and the possible options that exist to resolve them. this phase could be described as „brainstorming‟.
strategic planning and negotiated change. Human Resources Management . a consensual agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. This stage is described as consisting of effective joint implementation of the agreement through shared visions. 3. 4.COLLECTIVE BARGAINING PROCESS d) Bargain: negotiations are easy if a problem solving attitude is adopted. 5. This stage comprises the time when „what ifs‟ and „supposals‟ are set forth and the drafting of agreements take place. 6. e) Settlement: Once the parties are through with the bargaining process. Registration of collective bargaining agreement • The parties of CBA shall submit to the appropriate Regional office two (2) copies of agreement within 30 days of execution Terms of collective bargaining agreement Check-off : union dues Labor Education and Research • It shall be the duty of every legitimate labor organization to implement labor education program for its members on their rights and obligations as unionist and as employee.
STRIKES AND LOCKOUTS (PD 442) DEFINITION : (PD 442. • It comprises shutdowns. • It is considered as the most effective weapon in protecting the rights of the employees to improve the terms and conditions of their employment. a strike must be pursued within legal bounds. One of the procedural requisites that Article 263 of the Labor Code and its Implementing Rules prescribe is the filing of a valid notice of strike with the NCMB. as amended) a) STRIKE • Any temporary stoppage of work by the concerted action of employees as a result of an industrial dispute. temporary (one month to six months) or permanent (more than six months). It may be total (one month or less). LOCKOUT • The temporary refusal of an employer to furnish work to his employees as a result of an industrial or labor dispute. the lack of which shall render a strike illegal. this requirement has been held to be mandatory. Human Resources Management . mass retrenchment and dismissals. Imposed for the purpose of encouraging the voluntary settlement of disputes. to be valid. b. However.
• Violations of CBA. Legal requirements for strikes and lockouts • A strike or lockout may be declared in cases of bargaining deadlocks and unfair labor practices. profit sharing. Causes of strikes and lockouts a) Dissatisfaction with company policy b) Salary and incentive problems c) Increment not up to the mark d) Wrongful discharge or dismissal of workmen e) Withdrawal of any concession or privilege f) Hours of work and rest intervals g) Leaves with wages and holidays h) Bonus.STRIKES AND LOCKOUTS (PD 442) 1. except flagrant and /or malicious refusal to comply with its economic provision shall not be considered unfair labor practice and shall not be strikeable • No strike or lockout may be declared on grounds involving inter-union or intraunion disputes or on issue brought to voluntary or compulsory arbitration. Human Resources Management . Provident fund and gratuity i) Retrenchment of workmen and closure of establishment j) Dispute connected with minimum wages 2.
Section 269. 272) • All aliens. further. may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided. That aliens working in the country with valid permits issued by the Department of Labor and Employment. Prohibition against aliens (PD 442. (As amended by Section 29.STRIKES AND LOCKOUTS (PD 442) 3. 6715. That said aliens are nationals of a country which grants the same or similar rights to Filipino workers. however. as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers: Provided. natural or juridical. Republic Act No. March 21. 1989) Human Resources Management .
bonus and other facilities such as increase in privilege leave and casual leave. Unfair labor practice strike : means any unfair labor practice as expressly defined by the Code. Economic Strike: Under this type of strike. But do not work. workers do not absent themselves from their place of work when they are on strike. They adopt goslow tactics to put pressure on the employers. but they refuse to work. labors stop their work to enforce their economic demands such as wages and bonus. They also refuse to leave. 3. They keep control over production facilities. 4. They do not stop work. which makes it very difficult for employer to defy the union and take the workers' places. In these kinds of strikes. (Art. allowances like traveling allowance. but restrict the rate of output in an organized manner. Sit down Strike: In this case. Workers show up to their place of employment. Such a strike is also known as 'pen down' or 'tool down' strike. workers ask for increase in wages.KINDS OF STRIKES (PD 442) 1. Human Resources Management . house rent allowance. dearness allowance. 248) 2. Slow Down Strike: Employees remain on their jobs under this type of strike.
it is called a sympathetic strike. Illegal Strike : Not recognized by law. The members of other unions involve themselves in a strike to support or express their sympathy with the members of unions who are on strike in other undertakings. Jurisdictional strike a strike that is called against an employer as a result of a dispute with another union as to the right to perform particular work 8. 7. 6. The workers of sugar industry may go on strike in sympathy with their fellow workers of the textile industry who may already be on strike.KINDS OF STRIKES (PD 442) 5. Can be a cause for termanition Human Resources Management . Wild cat strikes: These strikes are conducted by workers or employees without the authority and consent of unions. Sympathetic Strike: When workers of one unit or industry go on strike in sympathy with workers of another unit or industry who are already on strike.
or prevent them from entering or going to work. 3. 2. Inform employees in picketed firm about the strike. to persuade them to join he strike. Inform job applicants about the existence of a dispute with the establishment and refrain from accepting employment there. Human Resources Management . Inform the public about he existence of a labor dispute in order to win their sympathy and persuade them to refrain from patronizing the establishment or from transacting business with it while the strike is on. Persuade the picketed employer to grant the demand of union. 4.PICKETING 1.
END OF PRESENTATION. . . THANK YOU Human Resources Management .
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