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election. St. James argued that those who voted were not its
regular employees but construction workers of an independent - The motor pool, construction and transportation
contractor, Architect Bacoy.
employees of the Tandang Sora campus had 149
qualified voters at the time of the certification
Med-Arbiter Falconitin: the 84 voters were no longer working at election. Hence, the 149 qualified voters should be used
St. James and that since the construction projects have ceased, to determine the existence of a quorum. Since a majority
some of the workers were no longer entitled to vote in the or 84 out of the 149 qualified voters cast their votes, a
certification election. Even if the 84 workers were to be included quorum existed in the certification election.
in the 179 rank and file employees of St. James, the total
number of voters would be 263. Thus, the 84 votes cast would
not be sufficient to constitute a majority of all eligible voters to DISPOSITION Affirm CA Decision and Resolution.
have a valid certification election.
Petition denied.
Samahang Manggagawa appealed to the Secretary of Labor.
DOLE reversed the ruling of Med-Arbiter. CA dismissed the St.
James petition and MFR.
ISSUES
WON the formation of the labor union and the certification
election were valid.
HELD
- YES. The 84 workers were employees of St. James and the
Architect was only a labor-only contractor. The certification
election is valid. (Section 13, Rule XII, Book V of the Omnibus
1
Rules Implementing the Labor Code ).
- St. James has five campuses. The members of Samahang
Manggagawa are employees in the Tandang Sora
campus. Under its constitution and by-laws, Samahang
Manggagawa seeks to represent the motor pool, construction
and transportation employees of the Tandang Sora campus.
Thus, the computation of the quorum should be based on the
rank and file motor pool, construction and transportation
employees of the Tandang Sora campus and not on all the
employees in St. James five campuses.
Section 2, Rule XII, Book V of the Omnibus Rules provides:
Section 2. Qualification of voters; inclusion-exclusion
proceedings. All employees who are members of the
appropriate bargaining unit sought to be represented by the
petitioner at the time of the certification or consent election
shall be qualified to vote. A dismissed employee whose
dismissal is being contested in a pending case shall be allowed
to vote in the election.
In case of disagreement over the voters list or over the
eligibility of voters, all contested voters shall be allowed to
vote. However, their votes shall be segregated and sealed in
individual envelopes in accordance with Section 9 of these
Rules.
Section 13. Proclamation and certification of results by election officer; when proper.
Upon completion of the canvass there being a valid election, the election officer shall
proclaim and certify as winner the union which obtained a majority of the valid votes cast
under any of the following conditions:
1
a) No protest had been filed or, even if one was filed, the same was not perfected
within the five-day period for perfection of the protest;
b) No challenge of eligibility issue was raised or even if one was raised, the resolution
of the same will not materially change the result.
For this purpose, the election officer shall immediately issue the corresponding
certification, copy furnished all parties, which shall form part of the records of the
case. The winning union shall have the rights, privileges and obligations of a duly
certified collective bargaining representative from the time the certification is
issued. The proclamation and certification so issued shall not be appealable.
Part 7
Collective bargaining
Labor Law 2
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3. WAIVER
RIVERA V ESPIRITU
G.R. No. 135547
QUISUMBING; January 23, 2002
Labor Law 2
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Facts
Disposition petition is DISMISSED.
As a result of a three week strike staged by PAL pilots affiliated with the
Airline Pilots Association of the Philippines (ALPAP) PAL which was
already financially beleaguered suffered serious losses, PALs financial
situation went from bad to worse. Faced with bankruptcy, PAL adopted a
rehabilitation plan and downsized its labor force by more than one-third.
In protest to such action PALEA went on strike which when PAL and
PALEA agreed to a more systematic reduction in PALs work force and
the payment of separation benefits to all retrenched employees.
President Estrada thru AO 16 created an Inter-Agency Task Force to
address the problems of PAL.
PAL management submitted to the Task Force an offer by Lucio Tan,
Chairman a plan to transfer shares of stock to its employees which has
a provision regarding the suspension of the Collective Bargaining
Agreements (CBAs) for 10 years. PALEA Members rejected the
offer.Subsequently, PAL informed the Task Force that it was shutting
down its operations because given its labor problems, rehabilitation was
no longer feasible, and hence, the airline had no alternative but to close
shop. PALEA sought the intervention of the Office of the President in
immediately convening the parties, the PAL management, PALEA,
ALPAP, and FASAP, including the SEC under the direction of the InterAgency Task Force, to prevent the imminent closure of PAL.After
several negotiations a the questioned PAL- PALEA Agreement which
provided for among others the suspension of the PAL-PALEA CBA for a
period of ten (10) years, provided the certain safeguards are in place.
Issue
WON the PAL-PALEA agreement stipulating the suspension of the PALPALEA CBA unconstitutional and contrary to public policy
Held
No.
A CBA is a contract executed upon request of either the employer or
the exclusive bargaining representative incorporating the agreement
reached after negotiations with respect to wages, hours of work and all
other terms and conditions of employment, including proposals for
adjusting any grievances or questions arising under such agreement.
The primary purpose of a CBA is the stabilization of labor-management
relations in order to create a climate of a sound and stable industrial
peace. In construing a CBA, the courts must be practical and realistic
and give due consideration to the context in which it is negotiated and
the purpose which it is intended to serve.
The assailed PAL-PALEA agreement was the result of voluntary
collective bargaining negotiations undertaken in the light of the severe
financial situation faced by the employer, with the peculiar and unique
intention of not merely promoting industrial peace at PAL, but preventing
the latters closure.
We find no conflict between said agreement and Article 253-A of the
Labor Code. Article 253-A has a two-fold purpose. One is to promote
industrial stability and predictability. Inasmuch as the agreement sought
to promote industrial peace at PAL during its rehabilitation, said
agreement satisfies the first purpose of Article 253-A. The other is to
assign specific timetables wherein negotiations become a matter of right
and requirement. Nothing in Article 253-A, prohibits the parties from
waiving or suspending the mandatory timetables and agreeing on the
remedies to enforce the same.
In the instant case, it was PALEA, as the exclusive bargaining agent of
PALs ground employees, that voluntarily entered into the CBA with PAL.
It was also PALEA that voluntarily opted for the 10-year suspension of
the CBA. Either case was the unions exercise of its right to collective
bargaining. The right to free collective bargaining, after all, includes the
right to suspend it.
The acts of public respondents in sanctioning the 10-year suspension of
the PAL-PALEA CBA did not contravene the protection to labor policy
of the Constitution. The agreement afforded full protection to labor;
promoted the shared responsibility between workers and employers;
251;233
NATURE OF PROCEDURE
ASSOCIATED LABOR UNIONS (ALU) vs.
FERRER-CALLEJA
173 SCRA 178
Regalado; May 5, 1989
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FACTS
- On January 4, 1960, the petitioner entered into a contract with
the Marine Security Agency for the latter to guard and protect the
petitioner's vessels while they were moored at the port of Manila.
It was stipulated in the contract that its term was for one year
commencing from the date of its execution and it may be
terminated by either party 30 days' notice to the other. The
relationship between the petitioner and Marine Security Agency
is such that it was the latter who hired and assigned the guards
TAKE NOTE: These procedures (A250-251) are
who kept watching over the petitioner's vessels. The guards
DIRECTORY in nature and not mandatory, failure to comply
were not known to petitioner who dealt only with the agency on
with the prescribed time periods will not amount to an unfair
matters pertaining to the service of the guards. A lump sum
labor practice.
would be paid by petitioner to the agency who in turn determined
and paid the compensation of the individual watchmen.
FACTS
- Upon prior notice given by the petitioner to the Marine Security
- ALU, through a letter dated May 7, 1986, informed GAW Trading, Inc. Agency, the contract was terminated on January 4, 1961, after it
that majority of the latter's employees have authorized ALU to be their had run its term. After the termination of its contract with Marine
sole and exclusive bargaining agent (SEBA), and requested a Security Agency, the petitioner executed a new contract with the
conference with GAW for the execution of an initial Collective Bargaining Philippine Scout Veterans Security and Investigation Agency
Agreement (CBA). ALU received a letter dated May 12th from GAW, also for the purpose of having its vessels protected while they
which letter set the meeting on the same date. The following day, May called at the port of Manila, and this contract was also for a fixed
13th, ALU transmitted to GAW copies of the proposed CBA. 2 days period of one year.
later, ALU and GAW executed the CBA. In the meantime, on May 9th, - private respondents protested against the termination
2 unions in the company went on strike.
- On February 6, 1961, the respondent Union passed a
resolution abolishing itself with the following reasons:
- After the signing of the CBA, one of the striking unions filed a petition 1. Termination of Contract of the Marine Security Agency with
for certification election, which petition was eventually granted by the the American President Lines.
Bureau of Labor Relations. Hence the present action by ALU, which 2. Inability of the Marine Security Agency to provide employment
invokes the CBA it made with GAW and, thus, the applicability of the 3. Inability of the members and the Union to provide
contract bar rule.
maintenance in the coming months.
- On December 10, 1962, the respondent union passed another
ISSUE WON the contract bar rule applies
resolution reviving itself.
- On March 21, 1963, the Maritime Security Union, through
HELD NO. The subject CBA is defective.
private respondents filed a complaint against the petitioner for
2
RATIO:
unfair labor practice under RA 875. Their complaint, wherein
- The mechanics of collective bargaining are set in motion only they charged that the petitioner had refused to negotiate an
when the following jurisdictional preconditions are present, namely, agreement with them and had discriminated against them with
(1) possession of the status of majority representation by the regard to their tenure of employment by dismissing them for no
employees' representative; (2) proof of majority representation; other reason than their membership with the union and union
and (3) a demand to bargain. The standing of ALU as SEBA is dubious, activities, was lodged with the defunct Court of Industrial
to say the least. The only express recognition of ALU as SEBA in the Relations. However, before that court could resolve the case, the
records is in the CBA. There was precipitate haste on the part of GAW in Labor Code was enacted and the case was transferred to the
recognizing ALU, which recognition appears to have been based on the NLRC under Arbiter Lomabao.
self-serving claim of ALU that it had the support of the majority of the - Arbiter Lomabao found the petitioner to be an employer of the
employees in the bargaining unit. Furthermore, at the time of the private respondents and guilty of ULP against them.
supposed recognition, GAW was obviously aware that there were other - The NLRC affirmed with the qualification that only those
unions existing in the unit.
complainants who are 60 years old or younger and capacitated
to discharge their former duties should be reinstated without loss
There was also failure to post the CBA in conspicuous places in the of seniority rights and other privileges, and with three years of
establishment before its ratification, as required by the implementing backwages; and those who could not be so reinstated should be
rules of the Labor Code. Also, BLR found that about 64% of the workers given separation pay in addition to their backwages for three
who "ratified" the CBA now strongly repudiate the alleged negotiation years. The Minister of Labor affirmed, and the Office of the
and ratification of the CBA.
President affirmed as well.
ART. 233. Privileged communication. - Information and
statements made at conciliation proceedings shall be treated
as privileged communication and shall not be used as
evidence in the Commission. Conciliators and similar
officials shall not testify in any court or body regarding any
matters taken up at conciliation proceedings conducted by
them.
CALTEX v. BRILLANTES
279 SCRA 218
(Mel Sicat)
AMERICAN PRESIDENT LINES VS CLAVE
114 SCRA 826
BARREDO; June 29, 1982
2
In relation to the topic, what this case is saying seems to be that the bargaining procedure is
JURISDICTIONAL in nature. If the requisites are not followed, the resulting CBA is defective.
Accordingly, the proper adjudicative body has no jurisdiction over the CBA, when the purported
SEBA seeks the agencys quasi-judicial function to enforce the res (CBA). Obviously, the agency has
no business deciding whether the contract bar rule applies in favor of the (defective) CBA.
ISSUES
1. WON there existed an employer-employee relationship
between the petitioner and the individual watchmen of the
Marine Security Agency who are alleged to be members of the
respondent union.
2. WON the petitioner refused to negotiate a CBA with the said
individual watchmen and discriminated against them in respect
to their tenure of employment by terminating their contract on
January 1, 1961, because of their union activities (an unfair labor
practice).
HELD
1. NO.
Ratio The following elements are generally considered to
determine whether an employer-employee relationship exists: (1)
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Agency for the said shipping company who then hired them to
perform guarding duties over its vessels on dock in the Manila
ports. This arrangement became the practice starting the early
part of 1951 to evade the preferential hiring of union men and the
maintenance of the rates of pay then obtaining. This
arrangement gave birth to the Marine Security Agency which
was contracted for the sole purpose of recruiting and supplying
watchmen on ships and vessels of the American President Lines.
It was also observed that the Marine Security Agency which had
recruited herein private respondents for the said shipping
company was not an 'independent contractor' but a 'mere agent
which served as extension of the office' of the said shipping
company 'in the recruitment of the watchmen, the computation of
the watchmen's wages; and the placement of supervisors of the
watchmen.' These reveal that a certain degree of control
exercised by the shipping company over these watchmen. The
services of these watchmen were availed of and their
compensation paid in lump sum by the shipping company
through the watchmen's agency, even if such were done through
the said watchmen agency without the direct intervention of the
said shipping company. While working as regular employees of
APL, private respondents herein formed and organized on
August 3, 1958 the Maritime Security Union. The foregoing
factors or indicia demonstrate that employer-employee
relationship existed between APL and herein private
respondents,
- On the question as to whether or not the APL is guilty of unfair
labor practice, it suffices to quote from the decision of the Office
of the President, thus:
"This Office also found that there was indeed an unfair labor
practice committed by the respondent-appellant. The evidence
indubitably show that the repeated requests of members of the
complainant union to negotiate in behalf of the union with Capt.
Edward Morris were unheeded. As such, refusal to negotiate and
eventually separating individual complaints are, to our mind, acts
constituting unfair labor practice."
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HELD
1. NO
Reasoning The court cited several instances that showed respondents
willingness to bargain with the union.
It is true that under Sec 14, RA 875 whenever a party serves a written
notice upon the employer making some demands the latter shall reply
thereto not later than 10 days from receipt thereof, but this condition is
merely procedural, and as much its non-compliance cannot be deemed
to be an act of unfair labor practice. The fact is respondents did not
ignore the letter sent by the union so much so that they called a meeting
to discuss its demands.
The court also pointed out the markings on the letter made by
respondent in the meeting with the union on May 3, 1960 at their
restaurant in Quezon City, indicating the willingness and actual
bargaining made with the union. (Check for agreement, a cross for
disapproval and a circle for demands left open for further discussion)
It is contended that respondents refused to bargain with the complaining
union as such even if they called a meeting of its officers and employees
hereby concluding that they did not desire to enter into a bargaining
agreement with said union. It is belied by the fact that respondents did
actually agree and bargain with the representatives of the union.
Respondents were of the impression that before a union could have that
capacity it must first be certified by the CIR as the duly authorized
bargaining unit, which they also stated in their answer to the petition for
certification filed by said union before the CIR. In that case, another
union known as the International Labor and Marine Union of the
Philippines claimed to represent the majority of the employees of
respondent restaurant, and this is what it alleged in a letter sent to the
manager of respondents dated May 25, 1962.
2. NO.
Reasoning On this document certain notations were made by one
Ernesto Tan which are indeed derogatory and which were allegedly
made by him upon instructions of respondent Felisa Herrera. Thus, the
pertinent notation on which the union relies is one which states that
respondent Herrera would be willing to recognize the union "if union
would become company union", which would indeed show that Mrs.
Herrera interfered with the employees' right to self-organization. But
respondents denied that they ever authorized Ernesto Tan to make such
notation or to represent them in the negotiations. Although Tan was the
nephew of respondent Herrera, in the company, he was merely a
bookkeeper whose duties were confined to the keeping and examination
of their books of accounts and sales invoices. It appears that he was not
even invited to the meeting but merely volunteered to be present and
made those notations on his own account and initiative.
3. NO.
Reasoning. Respondents maintain that Briones was dismissed because
of the smouldering embers of hatred that Briones had against Mrs.
Herrera, the threats he made, and her fear for her own safety being
always together with in her car driven by Briones during business routine.
Petitioners maintain that Briones was dismissed because of his union
activities. It appears in Briones testimony that he is not the only one
who organized the union, yet the members who are more active in the
union and serve as its officers are still employed at the restaurant.
Disposition CIR decision AFFIRMED.
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3. CONCILIATION PROCEDURE-250
(C, D,E); 233
Art. 250 Procedure in collective bargaining.
c. If the dispute is not settled, the Board shall intervene
upon request of either or both parties or at its own initiative
and immediately call the parties to conciliation meetings.
The Board shall have the power to issue
subpoenas requiring the attendance of the parties to such
meetings.
It shall be the duty of the parties to participate fully and
promptly in the
conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the
parties are prohibited from doing any act which may disrupt
or impede the
early settlement of the disputes; and
FACTS
- A 2000-2001 labor dispute between Nissan Motors Philippines,
Inc. (Nissan Motors) and the union BANAL-NMPI-OLALIA-KMU
triggered by a collective bargaining deadlock resulted in the filing
of four notices of strike and the dismissal from the service of a
number of company employees.
- August 22, 2001 DOLE issued an order assuming jurisdiction
over the case. In the same order, the DOLE Secretary expressly
enjoined any strike or lockout and directed the parties to cease
and desist from committing any act that might aggravate the
situation. It also ordered the Union to refrain from engaging in
any disruptive activity.
- December 5, 2001 The DOLE secretary issued a decision
which contained names of union officers and members whom
Nissan Motors dismissed for defying the directives contained in
the assumption order. The order can be summarized as follows:
- That the suspension of 140 employees is affirmed
and the dismissal of the union officers is sustained.
- But the dismissal of the union members was recalled
and it ordered for the reinstatement of the
employees/union members without backwages. They
were to be imposed a 1-month suspension which was
to be deemed served already.
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MEANING OF DUTY
STANDARD CHARTERED BANK EMPLOYEES
UNION V CONFESOR
432 SCRA 308
CALLEJO; June 16, 2004
FACTS
- Standard Chartered Bank is a foreign banking corporation
doing business in the Philippines. The exclusive bargaining
agent of the rank and file employees of the Bank is the
Standard Chartered Bank Employees Union
- The Union sought to renegotiate the terms of the CBA and
initiated the negotiations.
- Through its President, Eddie L. Divinagracia, it sent a letter
containing its proposals covering political and economic
provisions.
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- The Bank, took note of the Unions proposals. The Bank attached its
counter-proposal to the non-economic provisions proposed by the Union.
- Before the commencement of the negotiation, the Union, through
Divinagracia, suggested to the Banks Human Resource Manager and
head of the negotiating panel, Cielito Diokno, that the bank lawyers
should be excluded from the negotiating team. The Bank acceded.
- Meanwhile, Diokno suggested to Divinagracia that Jose P. Umali, Jr.,
the President of the National Union of Bank Employees (NUBE), the
federation to which the Union was affiliated, be excluded from the
Unions negotiating panel. However, Umali was retained as a member
thereof.
- The parties met and set the ground rules for the negotiation. Diokno
suggested that the negotiation be kept a family affair.
- Even during the final reading of the, there were still non-economic
provisions on which the Union and the Bank could not agree. Both
parties agreed to place the notation DEFERRED/DEADLOCKED.
- The negotiation for economic provisions commenced. Except for the
provisions on signing bonus and uniforms, the Union and the Bank failed
to agree on the remaining economic provisions of the CBA. The Union
declared a deadlock and filed a Notice of Strike before the National
Conciliation and Mediation Board
- The Bank filed a complaint for Unfair Labor Practice (ULP) and
Damages before the NLRC in Manila alleging that the Union violated its
duty to bargain, as it did not bargain in good faith. It contended that the
Union demanded sky high economic demands, indicative of blue-sky
bargaining.
- Then Secretary of Labor and Employment (SOLE) Nieves R. Confesor,
assumed jurisdiction over the labor dispute and issued an Order
dismissing the Bank and the Unions charges for unfair labor practice
- The Union filed a motion for reconsideration with clarification, while the
Bank filed a motion for reconsideration. The SOLE issued a Resolution
denying the motions.
The Union filed a second motion for
reconsideration, which was, likewise, denied
- The Union filed this petition
- The Union alleges that the Bank violated its duty to bargain; hence,
committed ULP under Article 248(g) when it engaged in surface
bargaining. It alleged that the Bank just went through the motions of
bargaining without any intent of reaching an agreement, as evident in
the Banks counter-proposals.
ISSUE
WON the SOLE committed grave abuse of discretion amounting to lack
of jurisdiction in dismissing the unions charge of unfair labor practice.
HELD
NO.
- Surface bargaining: going through the motions of negotiating without
any legal intent to reach an agreement.
- The resolution of surface bargaining allegations never presents an
easy issue. The determination of whether a party has engaged in
unlawful surface bargaining is usually a difficult one because it involves,
at bottom, a question of the intent of the party in question, and usually
such intent can only be inferred from the totality of the challenged partys
conduct both at and away from the bargaining table. It involves the
question of whether an employers conduct demonstrates an
unwillingness to bargain in good faith or is merely hard bargaining.
- The minutes of meetings do not show that the Bank had any intention
of violating its duty to bargain with the Union. Records show that after
the Union sent its proposal to the Bank, the latter replied with a list of its
counter-proposals. Thereafter, meetings were set for the settlement of
their differences. The minutes of the meetings show that both the Bank
and the Union exchanged economic and non-economic proposals and
counter-proposals.
- The Union has not been able to show that the Bank had done acts,
both at and away from the bargaining table, which tend to show that it
did not want to reach an agreement with the Union or to settle the
differences between it and the Union. Admittedly, the parties were not
able to agree and reached a deadlock.
However, it is herein
emphasized that the duty to bargain does not compel either party to
agree to a proposal or require the making of a concession. Hence, the
parties failure to agree did not amount to ULP under Article 248(g) for
violation of the duty to bargain.
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Labor Law 2
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reached, the Office shall define the outstanding issues and order the
filing of position papers for a ruling on the merits.
- UFE-DFA-KMU sought reconsideration of the Assumption of
Jurisdiction Order
- In an Order, Sec. Sto. Tomas denied the aforequoted motion for
reconsideration
- The employee members of UFE-DFA-KMU at the Nestl Cabuyao
Plant went on strike.
- Notwithstanding a Return-To-Work Order, the members of UFE-DFAKMU continued with their strike and refused to go back to work as
instructed. Thus, Sec. Sto. Tomas sought the assistance of the
Philippine National Police (PNP) for the enforcement of said order.
- At the hearing called, Nestl and UFE-DFA-KMU filed their respective
position papers.
- Tomas denied the motion for reconsideration of UFE-DFA-KMU.
- Frustrated with the foregoing turn of events, UFE-DFA-KMU filed a
petition for certiorari with application for the issuance of a temporary
restraining order or a writ of preliminary injunction before the Court of
Appeals.
- Meanwhile, in an attempt to finally resolve the crippling labor dispute
between the parties, then Acting Secretary of the DOLE, Hon. Arturo D.
Brion, came out with an Order
- UFE-DFA-KMU moved to reconsider the aforequoted position of the
DOLE.
- Secretary of the DOLE, Hon. Sto. Tomas, issued the last of the
assailed Orders. This order resolved to deny the preceding motion for
reconsideration of UFE-DFA-KMU.
- Undaunted still, UFE-DFA-KMU, for the second time, went to the Court
of Appeals
- The Court of Appeals, acting on the twin petitions for certiorari,
determined the issues in favor of UFE-DFA-KMU
- Dissatisfied, both parties separately moved for the reconsideration of
the abovequoted decision
- The Court of Appeals stood pat in its earlier pronouncements and
denied the motions for reconsideration
ISSUES
1. WON the Retirement Plan was a proper subject to be included in the
CBA negotiations between the parties hence, negotiable.
2. WON the assumption powers of the Secretary of Labor and
Employment should have been limited merely to the grounds alleged in
the second Notice of Strike
3. WON Nestl was guilty of unfair labor practice
HELD
1. YES
- In Nestl Philippines, Inc. v. NLRC, ironically involving the same
parties herein, the Court has had the occasion to affirm that a retirement
plan is consensual in nature. The Court, through Madame Justice GrioAquino, declared that:
The fact that the retirement plan is non-contributory, i.e., that the employees contribute
nothing to the operation of the plan, does not make it a non-issue in the CBA negotiations.
As a matter of fact, almost all of the benefits that the petitioner has granted to its
employees under the CBA salary increases, rice allowances, midyear bonuses, 13th
and 14th month pay, seniority pay, medical and hospitalization plans, health and dental
services, vacation, sick & other leaves with pay are non-contributory benefits. Since the
retirement plan has been an integral part of the CBA since 1972, the Unions demand to
increase the benefits due the employees under said plan, is a valid CBA issue.
x x x [E]mployees do have a vested and demandable right over existing benefits
voluntarily granted to them by their employer. The latter may not unilaterally withdraw,
eliminate or diminish such benefits
- In the case at bar, it cannot be denied that the CBA that was about to
expire at that time contained provisions respecting the Retirement Plan.
As the latter benefit was already subject of the existing CBA, the
members of UFE-DFA-KMU were only exercising their prerogative to
bargain or renegotiate for the improvement of the terms of the
Retirement Plan just like they would for all the other economic, as well
as non-economic benefits previously enjoyed by them.
- The purpose of collective bargaining is the acquisition or attainment of
the best possible covenants or terms relating to economic and noneconomic benefits granted by employers and due the employees. The
Labor Code has actually imposed as a mutual obligation of both parties,
this duty to bargain collectively.
- The duty to bargain collectively is categorically prescribed by Article
252 of the said code. It states:
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exercise of the same is in good faith to advance its interest and not for
purpose of defeating or circumventing the rights of employees under the
law or a valid agreement, such exercise will be upheld.
Disposition Petition seeking that Nestl be declared to have committed
unfair labor practice was DENIED. The Petition was PARTLY
GRANTED, the ruling of the Court of Appeals was REVERSED in so far
as it ruled that the Secretary of the DOLE gravely abused her discretion
in failing to confine her assumption of jurisdiction power over the ground
rules of the CBA negotiations; but the ruling of the Court of Appeals on
the inclusion of the Retirement Plan as a valid issue in the collective
bargaining negotiations between UFE-DFA-KMU and Nestl is
AFFIRMED.
Disini
2. NO
Ratio The provision mandates the parties to keep the status quo
while they are still in the process of working out their respective
proposal and counter proposal. When one of the parties abuses
this grace period by purposely delaying the bargaining process,
a departure from the general rule is warranted, that is, the court
may impose on the erring company the CBA proposed by its
employees union - lock, stock and barrel.
Reasoning By its acts, no less than its action which bespeak its
insincerity, GMC has forfeited whatever rights it could have
asserted as an employer.
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by the latter. Where the employer did not even bother to submit
an answer to the bargaining proposals of the union, there is a
clear evasion of the duty to bargain collectively.
Reasoning In order to allow the employer to validly suspend the
bargaining process there must be a valid petition for certification
election raising a legitimate representation issue. The mere filing
of a petition for certification election does not ipso facto justify
the suspension of negotiation. The petition must first comply with
the Labor Code and its Implementing Rules. Significantly, the
same petition was dismissed by the Sec of Labor. The dismissal
was upheld by this Court.
2. YES
Ratio Management has the prerogative to discipline its
employees for insubordination. But when the exercise of such
management right tends to interfere with the employees right to
self-organization, it amounts to union-busting and is therefore a
prohibited act.
Reasoning The dismissal of Ms. Ambas was clearly designed to
frustrate the Union in its desire to forge a new CBA with the
College that is reflective of the true wishes and aspirations of the
Union members. Her dismissal was merely a subterfuge to get
rid of her. It has the effect of busting the Union, stripping it of its
strong-willed leadership. When management refused to treat the
charge of insubordination as a grievance within the scope of the
Grievance Machinery, the action of the College in finally
dismissing her from the service became arbitrary, capricious and
whimsical, and therefore violated Ms. Ambas right to due
process.
On Duty to Bargain Collectively
Article 252 of the Labor Code defines the meaning of the phrase
"duty to bargain collectively," as follows: 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 with respect to
wages, hours of work and all other terms and conditions of
employment including proposals for adjusting any grievances or
questions arising under such agreement and executing a
contract incorporating such agreements if requested by either
party but such duty does not compel any party to agree to a
proposal or to make any concession.
Disposition Petition is DENIED for lack of merit.
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bargaining.
HELD
1) NO
-Considering the various postponements granted in its behalf, the
claimed denial of due process appeared totally bereft of any legal and
factual support. As herein earlier stated, petitioner had not even honored
respondent union with any reply to the latter's successive letters, all
geared towards bringing the Company to the bargaining table.. Certainly,
the moves and overall behavior of company were in total derogation of Disposition Petition dismissed.
the policy enshrined in the Labor Code which is aimed towards
expediting settlement of economic disputes. Hence, the Court is not
prepared to affix its imprimatur to such an illegal scheme and dubious
REPUBLIC SAVINGS BANK
maneuvers.
21 SCRA 226
2) YES
- Article 249, par. (g) LC makes it an unfair labor practice for an
employer to refuse "to meet and convene promptly and expeditiously in
good faith for the purpose of negotiating an agreement with respect to
wages, hours of work, and all other terms and conditions of employment
including proposals for adjusting any grievance or question arising under
such an agreement and executing a contract incorporating such
agreement, if requested by either party."
-Collective bargaining which is defined as negotiations towards a
collective agreement, is designed to stabilize the relation between labor
and management and to create a climate of sound and stable industrial
peace. It is a mutual responsibility of the employer and the Union and is
characterized as a legal obligation.
- While it is a mutual obligation of the parties to bargain, the employer,
however, is not under any legal duty to initiate contract negotiation.
-The mechanics of collective bargaining is set in motion only when the ff.
jurisdictional preconditions are present, namely, (1) possession of the
status of majority representation of the employees' representative in
accordance with any of the means of selection or designation provided
for by the LC; (2) proof of majority representation; and (3) a demand to
bargain under Art 251, par. (a) of the Labor Code . . . all of which
v. CIR
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ISSUE
WON the dismissal of the 8 employees by RB constituted unfair labor
practice within the meaning and intendment of the Industrial Peace Act
HELD
YES.
- Even assuming that respondents acted in their individual capacities
when they wrote the letter-charge they were nonetheless protected for
they were engaged in concerted activity, in the exercise of their right of
self-organization that includes concerted activity for mutual aid and
protection, interference with which constitutes an unfair labor practice.
The joining in protests or demands, even by a small group of
employees, if in furtherance of their interests, is a concerted activity
protected by the Industrial Peace Act. It is not necessary that union
activity be involved or that collective bargaining be contemplated.
- NLRC v. Phoenix Mutual Life Insurance Co is case in point. Held: An
insurance company was guilty of an unfair labor practice in interfering
with this right of concerted activity by discharging two agents employed
in a branch office. The agents acts of meeting and joining in a letter to
the home office objecting to the transfer to their branch office of a
cashier from another branch, for further discussion, approval and
signature, is a concerted activity that is protected.
Re Meaning of Duty to Bargain
- What the RB should have done was to refer the letter-charge to the
grievance committee. This was its duty, failing which it committed an
unfair labor practice RA 875 which makes it an unfair labor practice for
an employer "to dismiss, discharge or otherwise prejudice or
discriminate against an employee for having filed charges or for having
given or being about to give testimony under this Act."
- Collective bargaining does not end with the execution of an agreement.
It is a continuous process. The duty to bargain imposes on the parties
during the term of their agreement the mutual obligation to meet and
confer promptly and expeditiously and in good faith for the purpose of
adjusting any grievances or question arising under such agreement and
a violation of this obligation is an unfair labor practice.
- Instead of stifling criticism, RB should have allowed the respondents to
air their grievances. Good faith bargaining required of the Bank an open
mind and a sincere desire to negotiate over grievances. The grievance
committee, created in the CBA, would have been an appropriate forum
for such negotiation. Indeed, the grievance procedure is a part of the
continuous process of collective bargaining. It is intended to promote a
friendly dialogue between labor and management as a means of
maintaining industrial peace.
Disposition Appealed decision is AFFIRMED
FERNANDO, CONCURRING
- Collective bargaining presupposes the give-and-take of discussion. No
party adopts, at least in its initial stages, a hard-line position, from which
there can be no retreat. That was not the situation here. Respondents as
labor leaders were quite certain that the President of RB had offended
most grievously. They wanted him out. There was no room for
discussion.
- That for me is not bargaining as traditionally and commonly
understood. It is for that reason that I find it difficult to agree fully with the
view that their dismissal could be construed as a refusal to bargain
collectively. Moreover, they did not as adverted to in the opinion of the
Court, follow the procedure set forth for adjusting grievances. It is my
view therefore that the dismissal amounted to "interference, restraint or
coercion" as prohibited in the Industrial Peace Act, and not refusal to
bargain collectively.
DEADLOCK
SAN MIGUEL CORP. V NLRC
304 SCRA 1
PURISIMA; March 23, 1999
Disini
NATURE
Petition for Certiorari
FACTS
- In July 1990, San Miguel Cooperation shut down some of its
plants and declared 55 positions as redundant. Consequently,
the private respondent union filed several grievance cases for
the said retrenched employees, praying for the redeployment of
the said employees to the other divisions of the company.
- Grievance proceedings were conducted pursuant to Sections 5
and 8, Article VIII of the parties 1990 Collective Bargaining
Agreement. During the grievance proceedings, however, most of
the employees were redeployed, while others accepted early
retirement. As a result only 17 employees remained when the
parties proceeded to the third level of the grievance procedure.
In a meeting on October 26, 1990, petitioner informed private
respondent union that if by October 30, 1990, the remaining 17
employees could not yet be redeployed, their services would be
terminated on November 2, 1990. The said meeting adjourned
when Mr. Daniel S. L. Borbon II, a representative of the union,
declared that there was nothing more to discuss in view of the
deadlock.
- On November 7, 1990, the private respondent filed with the
National Conciliation and Mediation Board (NCMB) of the
Department of Labor and Employment (DOLE) a notice of strike
on the following grounds: a) bargaining deadlock; b) union
busting; c) gross violation of the CBA such as non-compliance
with the grievance procedure; d) failure to provide private
respondent with a list of vacant positions pursuant to the parties
side agreement that was appended to the 1990 CBA; and e)
defiance of voluntary arbitration award. Petitioner on the other
hand, moved to dismiss the notice of strike but the NCMB failed
to act on the motion.
- On December 21, 1990, petitioner SMC filed a complaint with
the respondent NLRC, praying for: (1) the dismissal the notice of
strike; (2) an order compelling the respondent union to submit to
grievance and arbitration the issue listed in the notice of strike; (3)
the recovery of the expenses of litigation. Respondent NLRC
came out with a minute resolution dismissing the complaint.
ISSUE
WON NLRC gravely abused its discretion in dismissing
SMCs complaint
HELD
YES
- Rule XXII, Section I, of the Rules and Regulations
Implementing Book V the Labor Code,10 [As amended by D.O.
No. 09 which took effect on June 21, 1997.] reads:
"Section 1. Grounds for strike and lockout. -- A strike or lockout
may be declared in cases of bargaining deadlocks and unfair
labor practices. Violations of the collective bargaining
agreements, except flagrant and/or malicious refusal to comply
with its economic provisions, shall not be considered unfair labor
practice and shall not be strikeable. No strike or lockout may be
declared on grounds involving inter-union and intra-union
disputes or on issues brought to voluntary or compulsory
arbitration."
- In the case under consideration, the grounds relied upon by the
private respondent union are non-strikeable. The issues which
may lend substance to the notice of strike filed by the private
respondent union are: collective bargaining deadlock and
petitioners alleged violation of the collective bargaining
agreement. These grounds, however, appear more illusory than
real.
- Collective Bargaining Deadlock is defined as "the situation
between the labor and the management of the company where
there is failure in the collective bargaining negotiations resulting
in a stalemate". This situation, is non-existent in the present case
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MINUTES OF NEGOTIATION
SAMAHANG MANGGAGAWA SA TOP FORM V. NLRC
295 SCRA 171
ROMERO : September 7, 1998
FACTS:
- The charge arose from the employer's refusal to grant across-theboard increases to its employees in implementing Wage Orders Nos. 01
and 02 of the Regional Tripartite Wages and Productivity Board of the
National Capital Region (RTWPB-NCR). Such refusal was aggravated
by the fact that prior to the issuance of said wage orders, the employer
allegedly promised at the collective bargaining conferences to
implement any government-mandated wage increases on an across-theboard basis.
- Petitioner Samahang Manggagawa sa Top Form Manufacturing
United Workers of the Philippines (SMTFM) was the certified collective
bargaining representative of all regular rank and file employees of
private respondent Top Form Manufacturing Philippines, Inc.
- At the collective bargaining negotiation, the parties agreed to discuss
unresolved economic issues. According to the minutes of the meeting
the Union proposed that any future wage increase given by the
government should be implemented by the company across-the-board
or non-conditional.
- Management requested the union to retain this provision since their
sincerity was already proven when the P25.00 wage increase was
granted across-the-board. The union acknowledges management's
sincerity but they are worried that in case there is a new set of
management, they can just show their CBA. The union decided to defer
this provision.
- In their joint affidavit dated January 30, 1992, union members Salve L.
Barnes, Eulisa Mendoza, Lourdes Barbero and Concesa Ibaez
affirmed that at the subsequent collective bargaining negotiations, the
union insisted on the incorporation in the collective bargaining
agreement (CBA) of the union proposal on "automatic across-the-board
wage increase."
- On October 15, 1990, the RTWPB-NCR issued Wage Order No. 01
granting an increase of P17.00 per day in the salary of workers. This
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SUSPENSION OF BARGAINING
COLEGIO de SAN JUAN de LETRAN v ASSOCIATION
OF EMPLOYEES
340 SCRA 587
KAPUNAN; September 18, 2000
FACTS:
-Newly elected union president Ambas wanted to continue the
renegotiation of the CBA with said school but petitioner claimed that the
CBA was already prepared for signing by the parties. Union members
rejected CBA
-union notified the National Conciliation and Mediation Board (NCMB) of
its intention to strike on the ground of petitioner's refusal to bargain.
January 18, 1996, the parties agreed to start negotiation on a new fiveyear CBA starting 1994-1999. On February 7, 1996, the union submitted
its proposals to petitioner, which notified the union six days later or on
February 13, 1996 that the same had been submitted to its Board of
Trustees.
-In the meantime, Ambas was informed that her work schedule was
being changed from Monday to Friday to Tuesday to Saturday. Ambas
protested and requested management to submit the issue to a grievance
machinery under the old CBA
-Due to petitioner's inaction, the union filed a notice of strike. The parties
met on March 27, 1996 before the NCMB to discuss the ground rules for
the negotiation. On March 29, 1996, the union received petitioner's letter
dismissing Ambas for alleged insubordination
- On April 20, 1996, both parties again discussed the ground rules for
the CBA renegotiation. However, petitioner stopped the negotiations
after it purportedly received information that a new group of employees
had filed a petition for certification election
-union finally struck. On July 2, 1996, public respondent the Secretary of
Labor and Employment assumed jurisdiction and issued a return to work
order
- On December 2, 1996, public respondent issued an order declaring
petitioner guilty of unfair labor practice on two counts and directing the
reinstatement of private respondent Ambas with backwages
ISSUE:
WON petitioner is guilty of unfair labor practice by refusing to bargain
with the union when it unilaterally suspended the ongoing negotiations
for a new CBA upon mere information that a petition for certification has
been filed by another legitimate labor organization?
HELD: yes
-Article 252 of the Labor Code defines the meaning of the phrase "duty
to bargain collectively. Noteworthy in the above definition is the
requirement on both parties of the performance of the mutual obligation
to meet and convene promptly and expeditiously in good faith for the
purpose of negotiating an agreement
-union lived up to this requisite when it presented its proposals for the
CBA to petitioner on February 7, 1996. On the other hand, petitioner
devised ways and means in order to prevent the negotiation
-Petitioner's utter lack of interest in bargaining with the union is obvious
in its failure to make a timely reply to the proposals presented by the
latter. More than a month after the proposals were submitted by the
union, petitioner still had not made any counter-proposals which is a
clear violation of Art.250 which in part states: When a party desires to
negotiate an agreement, it shall serve a written notice upon the other
party with a statement of its proposals. The other party shall make a
reply thereto not later than ten (10) calendar days from receipt of such
ISSUES
MANILA FASHIONS, INC. V NLRC (ZAMORA
AND NAGKAKAISANG MANGGAGAWA NG
MANILA FASHIONS, INC.)
G.R. No. 117878
BELLOSILLO; November 13, 1996
FACTS
- respondent Nagkakaisang Manggagawa ng Manila Fashions,
Inc., through its president, respondent Nonito Zamora, filed a
complaint before the Labor Arbiter on behalf of its one hundred
and fifty (150) members who were regular employees of
petitioner Manila Fashions, Inc. The complaint charged petitioner
with non-compliance, with Wage Order No NCR-02 and 02-A
mandating a P12- increase in wages effective 8 January 1991.
As a result, complainants' basic pay, 13th month pay, service
incentive leave pay, legal holiday pay, night shift differential and
overtime pay were all underpaid
- Petitioner countered that the failure to comply with the pertinent
Wage Order was brought about by the tremendous losses
suffered by it which were aggravated when the workers staged a
strike on account of the non-adjustment of their basic pay. To
forestall continuous suspension/closure of business operations,
which petitioner did for three (3) months, the strikers sent a
notice that they were willing to condone the implementation of
the increase. The condonation was distinctly stated in Sec. 3, Art.
VIII, of the Collective Bargaining Agreement (CBA) dated 4
February 1992, which was voluntarily entered into by the parties
and represents a reasonable settlement The Union realizes the
companys closeness to insolvency and, as such , sympathizes
with the companys condition. Therefore, the Union has agreed,
as it hereby agrees, to condone the implementation of Wage
Order o. NCR-02 and 02-A.
- The complainants admitted the existence of the aforementioned
provision in the CBA; however they denied the validity thereof
inasmuch as it was not reached after due consultation with the
members.
- The Labor Arbiter sustained the claim that the subject provision
of the CBA was void but based its conclusion on a different
ground :
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Disini
- Nestle filed this petition for certiorari alleging that since its
retirement plan is non-contributory, it has the sole and exclusive
prerogative to define the terms of the plan because the workers
have no vested and demandable rights there under, the grant
being not a contractual obligation but merely gratuitous. At most
the company can only be directed to maintain the same but not
to change its terms. It should be left to the discretion of the
company on how to improve or modify the same.
ISSUES
1. WON the condonation of the implementation of Wage Order No.
NCR-02 and 02-A contained in Sec. 3, Art. VIII, of the CBA was valid
ISSUE
WON the Retirement Plan is a collective bargaining issue
HELD
1. NO
Reasoning A Collective Bargaining Agreement refers to the negotiated
contract between a legitimate labor organization and the employer
concerning wages, hours of work and all other terms and conditions of
employment in a bargaining unit, including mandatory provisions for
grievances and arbitration machineries. As in all other contracts, the
parties in a CBA may establish such stipulations, clauses, terms and
conditions as they may deem convenient provided they are not contrary
to law, morals, good customs, public order or public policy. Section 3,
Art. VIII, of the CBA is a void provision because by agreeing to condone
the implementation of the Wage Order the parties thereby contravened
its mandate on wage increase of P12.00 effective 8 January 1991. Also,
as stated by the Labor Arbiter, it is only the Tripartite Wage Productivity
Board of the DOLE that could approve exemption of an establishment
from coverage of a Wage Order.
If petitioner is a financially distressed company then it should have
applied for a wage exemption so that it could meet its labor costs without
endangering its viability or its very existence upon which both
management and labor depend for a living. The Office of the Solicitor
General emphasizes the point that parties to a CBA may not by
themselves, set a wage lower than the minimum wage. To do so would
render nugatory the purpose of a wage exemption, not to mention the
possibility that employees may be unwittingly put in a position to accept
a lower wage.
The cases that petitioner relies on are simply inapplicable because,
unlike the present case which involves a stipulation in the CBA in
contravention of law, they are concerned with compromise settlements
as a means to end labor disputes recognized by Art. 227 of the Labor
Code and considered not against public policy by doctrinal rules
established by this Court.
HELD
YES.
Ratio The fact that the retirement plan is non-contributory, i.e.,
that the employees contribute nothing to the operation of the
plan, does not make it a non-issue in the CBA negotiations.
Reasoning Almost all of the benefits granted to its employees
under the CBA (salary increases, rice allowances, midyear
bonuses, 13th & 14th month pay, seniority pay, medical and
hospitalization plans, health and dental services, vacation, sick &
other leaves with pay) are non-contributory benefits. Since the
retirement plan has been an integral part of the CBA since 1972,
the Union's demand to increase the benefits due the employees
under said plan is a valid CBA issue.
- The improvement of the existing Retirement Plan was one of
the original CBA proposals submitted by the UFE to Nestle. The
union's original proposal was to modify the existing plan by
including a provision for early retirement. The company did not
question the validity of that proposal as a collective bargaining
issue but merely offered to maintain the existing noncontributory
retirement plan which it believed to be still adequate for the
needs of its employees and competitive with those existing in the
industry. The union thereafter modified its proposal, but the
company was adamant. Consequently, the impasse on the
retirement plan became one of the issues certified to the NLRC
for compulsory arbitration.
- The inclusion of the retirement plan in the CBA as part of the
package of economic benefits extended by the company to its
employees gives it "a consensual character" so that it may not
be terminated or modified at will by either party. Employees have
a vested and demandable right over existing benefits voluntarily
granted to them by their employer. The latter may not unilaterally
withdraw, eliminate or diminish such benefits.
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- Union requested the implementation of said wage orders on an acrossthe-board basis. Employer refused. Instead, it implemented a scheme of
increases purportedly to avoid wage distortion.
- Several conferences were held but they were not able to settle.
- Union filed a complaint for unfair labor practices or violation of Article
247 of the Labor Code, specifically "bargaining in bad faith," and prayed
that it be awarded actual, moral and exemplary damages. Union added
that it was also charging private respondent with violation of Article 100.
- Labor arbiter De Vera, and subsequently, the NLRC, dismissed the
complaint for lack of merit.
ISSUES
1. WON the employer committed an unfair labor practice
HELD
1. NO
Ratio The CBA is the law between the contracting parties. Compliance
with a CBA is mandated by the expressed policy to give protection to
labor. In the same vein, CBA provisions should be "construed liberally
rather than narrowly and technically, and the courts must place a
practical and realistic construction upon it, giving due consideration to
the context in which it is negotiated and purpose which it is intended to
serve." This is founded on the dictum that a CBA is not an ordinary
contract but one impressed with public interest. It goes without saying,
however, that only provisions embodied in the CBA should be so
interpreted and complied with. Where a proposal raised by a contracting
party does not find print in the CBA, it is not a part thereof and the
proponent has no claim whatsoever to its implementation
Reasoning
- If there was indeed a promise or undertaking on the part of the
management to obligate itself to grant an automatic across-the-board
wage increase, union should have requested or demanded that such be
incorporated in the CBA. It could have invoked Article 252 of the Labor
Code defining "duty to bargain," thus, the duty includes "executing a
contract incorporating such agreements if requested by either party."
However, Article 252 also states that the duty to bargain "does not
compel any party to agree to a proposal or make any concession." Thus,
union may not validly claim that the proposal embodied in the Minutes of
the negotiation forms part of the CBA that it finally entered into with
private respondent.
- Union asserts that management committed "acts of unfair labor
practices by virtue of its contractual commitment made during the
collective bargaining process." The mere fact, however, that the
proposal in question was not included in the CBA indicates that no
contractual commitment thereon was ever made as no agreement had
been arrived at by the parties.
- The purpose of collective bargaining is the reaching of an agreement
resulting in a contract binding on the parties; but the failure to reach an
agreement after negotiations continued for a reasonable period does not
establish a lack of good faith. The statutes invite and contemplate a
collective bargaining contract, but they do not compel one. The duty to
bargain does not include the obligation to reach an agreement.
- The question as to what are mandatory and what are merely
permissive subjects of collective bargaining is of significance on the right
of a party to insist on his position to the point of stalemate. A party may
refuse to enter into a collective bargaining contract unless it includes a
desired provision as to a matter which is a mandatory subject of
collective bargaining; but a refusal to contract unless the agreement
covers a matter which is not a mandatory subject is in substance a
refusal to bargain about matters which are mandatory subjects of
collective bargaining, and it is no answer to the charge of refusal to
bargain in good faith that the insistence on the disputed clause was not
the sole cause of the failure to agree or that agreement was not reached
with respect to other disputed clauses.
- No benefits or privileges previously enjoyed by union and the other
employees were withdrawn as a result of the manner by which private
respondent implemented the wage orders. Granted that private
respondent had granted an across-the-board increase pursuant to RA
6727, that single instance may not be considered an established
company practice. Union's argument in this regard is actually tied up
with its claim that the implementation of Wage Orders Nos. 01 and 02 by
private respondent resulted in wage distortion.
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- The recognition clause also does not come within the definition of
mandatory bargaining. The Act doesnt prohibit voluntary addition
of a party, but that doesnt authorize employer to exclude a certified
representative.
Harlan, J., whom Clark and Whittaker, JJ., join, concurring in part
and dissenting in part
- I must state that I am unable to grasp a concept of bargaining which
enables one to propose a particular point, but not to insist on it as a
condition to agreement.
- The ballot clause should come within other terms and conditions It
affects employer-employee relationship, determines timing of strikes or
even whether a strike will occur.
- Nonetheless, I accept Courts holding that this clause is not a condition
of employment.
- Bargaining process should be fluid.
- WON party bargained in good faith depends upon evaluation of total
circumstances.
RAILROAD TELEGRAPHERS V. CHICAGO & NW. RY.
- Norris-LaGuardia Act barred a permanent injunction against a
threatened strike in support of a demand that the railroad should not
abolish preexisting jobs without incumbent unions consent.
- Majority found that the demand fell within bargainable subjects.
- There is nothing strange about agreements that affect permanency of
employment.
FIBREBOARD PAPER PRODUCTS CORP. V. NLRB
- Issue is WON contracting out of work being performed by employees
is a statutory subject of collective bargaining.
- Board adhered to Trial Examiners finding that companys motive in
contracting out was economic rather than antiunion but found
nonetheless that failure to negotiate with union concerning its decision to
subcontract constituted a violation.
- Contracting out work is a matter within phrase other terms and
conditions and is a mandatory subject of collective bargaining.
- In this case, the maintenance work still had to be performed. No
capital investment was contemplated.
Company merely replaced
existing employees with those of an independent contractor. To require
employer to bargain on this would not significantly abridge its freedom to
manage the business.
- Another issue is WON upon finding that the company refused to
bargain on a statutory subject of collective bargaining, Board was
empowered to order resumption of maintenance operations and
reinstatement with back pay. Held: It is so empowered.
Stewart, J., with whom Douglas and Harlan, JJ., join, concurring.
- Court doesnt decide that every managerial decision which terminates
employment is subject to duty to bargain. Nor does Court decide that
subcontracting is as a general matter subject to that duty.
- Industrial experience may be useful in determining proper scope of
duty to bargain.
- Only a narrow concept of conditions of employment will serve
purpose of delineating a limited category of issues w/c are subject to
duty to bargain collectively.
GOLDBERG, MANAGEMENTS RESERVED RIGHTS: A LABOR
VIEW
- Mature bargaining relationships require reliance on acceptance of
rights of each party by the other.
- Business is often conservative on social questions but radical when it
comes to production. Trade unionists and trade unions are radicals in
changing social institutions but they are conservative in approach to
changes in methods of production.
- Employer has right to innovation and change. Employee and union
seek to protect right to certainty / security.
WESTINGHOUSE ELECTRIC CORP.
- Contracting out has been a practice of respondent. Before doing so,
respondent considers economic feasibility of doing the work with unit
employees. It doesnt advise Union each time it awards work to an
outside contractor
- In Fibreboard cases, contracting out is a departure from established
practice. Here, contracting out is motivated solely by economic
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deviation from the true intent of the parties that negotiated the CBA; that
it would violate the principle in labor laws that benefits already extended
shall not be taken away and that it would result in discrimination
between the non-intermittent and the intermittent workers of the
petitioner-company.
FACTS
- American Rubber Company, Inc. (ARCI) is a domestic
corporation existing in and incorporated under the laws of the
Philippines. It owns a rubber plantation in Latuan, Isabella. It
entered into a Farm Management Agreement (FMA) with Sime
Darby Pilipinas, Inc. (SDPI), where SDPI was given the right to
Upon failure of the parties to amicably settle the issue on the
manage, administer, develop, cultivate, and improve the rubber
interpretation of Sections 1 and 3, Article VIII of the 1989 CBA, the
plantations as an agro-industrial development project,
Union brought the matter for voluntary arbitration before the National
specifically for planting rubber trees, processing of and
Conciliation and Mediation Board, Regional Arbitration Branch XI at
marketing of its products and providing technical expertise for a
Davao City by way of complaint for enforcement of the CBA. The parties
period of twenty-five years, or up to the year 2011.
mutually designated public respondent Abarquez, Jr. to act as voluntary
- National Federation of Labor (NFL) was the duly registered
arbitrator.
bargaining agent of the daily-and-monthly-paid rank-and-file
After the parties had filed their respective position papers, public
employees of SDPI in the Latuan rubber plantation. SDPI and
respondent Abarquez, Jr. issued an Award in favor of the Union ruling
NFL executed a collective bargaining agreement (CBA) in which
that the regular intermittent workers are entitled to commutation of their
they agreed that in case of permanent or temporary lay-off,
unenjoyed sick leave with pay benefits under Sections 1 and 3 of the
workers affected would be entitled to termination pay as
1989 CBA. Petitioner-company disagreed with the aforementioned ruling
provided by the Labor Code. The 150 petitioners were dailyof public respondent, hence, the instant petition.
and-monthly-paid employees of SDPI in the Latuan plantation
Petitioner-company argued that it is clear from the language and intent
and were, likewise, members of NFL.
of the last sentence of Section 1, Article VIII of the 1989 CBA that only
- In 1988, RA 6657, aka Comprehensive Agrarian Reform Law
the regular workers whose work are not intermittent are entitled to the
took effect.
benefit of conversion to cash of the unenjoyed portion of sick leave, thus:
- SDPI decided to cease its operations in certain plants, including
". . . And provided, however, that only those regular workers of the
the one in Latuan.
Company whose work are not intermittent are entitled to the herein sick
- The employees were given month pay for every year of
leave privilege."
service as separation pay, pursuant to the CBA. They were
ISSUE
made to sign quitclaim, which they said they entered into
WON public respondents interpretation of Sections 1 and 3, Article VIII
voluntarily.
of the 1989 CBA is correct
- A few months later, they filed a complaint for illegal dismissal
and insufficiency of separation pay.
HELD YES.
- Labor arbiter, NLRC, and CA all found that there was no illegal
A collective bargaining agreement (CBA), as used in Article 252 of the
dismissal and that the employees were properly paid their
Labor Code, refers to a contract executed upon request of either the
separation pay.
employer or the exclusive bargaining representative incorporating the
agreement reached after negotiations with respect to wages, hours of
ISSUE
work and all other terms and conditions of employment, including
WON the employees separation pay was insufficient.
proposals for adjusting any grievances or questions arising under such
agreement.
HELD
While the terms and conditions of a CBA constitute the law between the
NO.
parties, it is not, however, an ordinary contract to which is applied the
- The employees argue that they should have gotten 1 month per
principles of law governing ordinary contracts. A CBA, as a labor
year of service, pursuant to company policy. The precedents
contract within the contemplation of Article 1700 of the Civil Code of the
they site are not applicable.
Philippines which governs the relations between labor and capital, is not
- A collective bargaining agreement refers to the negotiated
merely contractual in nature but impressed with public interest, thus, it
contract between the legitimate labor organization and the
must yield to the common good. As such, it must be construed liberally
employer concerning wages, hours of work and all other terms
rather than narrowly and technically, and the courts must place a
and conditions of employment in the bargaining unit. During the
practical and realistic construction upon it, giving due consideration to
negotiations, the parties, management and union meet and
the context in which it is negotiated and purpose which it is intended to
convene promptly and expeditiously in good faith for the purpose
serve.
of negotiating an agreement. Had the daily-paid rank-and-file
It is thus erroneous for petitioner to isolate Section 1, Article VIII of the
employees deemed the same to be a diminution of their benefits,
1989 CBA from the other related section on sick leave with pay benefits,
they should have rejected the CBA. The petitioners never
specifically Section 3 thereof, in its attempt to justify the discontinuance
assailed the CBA as prejudicial to them or for having been in
or withdrawal of the privilege of commutation or conversion to cash of
violation of Article 100 of the Labor Code. Unless annulled, the
the unenjoyed portion of the sick leave benefit to regular intermittent
CBA, as a contract governing the employer and the employees
workers. The manner they were deprived of the privilege previously
respecting the terms of employment, should prevail.
recognized and extended to them by petitioner-company during the
- If the separation pay was supposed to be 1 month per year of
lifetime of the CBA of October 16, 1985 until three months from its
service, why wasnt it specified in the CBA? Instead, the CBA
renewal on April 15, 1989, or a period of three years and nine months, is
says as provided by the LC. Art. 283 provides that in case of
not only tainted with arbitrariness but likewise discriminatory in nature.
closure or cessation of operations, the separation pay shall be
equivalent to 1 month pay or to at least month per year of
Dispositive Petition dismissed
service, whichever is higher. In this case, the latter is higher, so
thats what the company gave them.
Disposition Petition DENIED.
RIVERA v ESPIRITU
374 SCRA 351
QUISUMBING; January 23, 2002
NATURE
Special civil action for certiorari and prohibition
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FACTS
-PAL pilots affiliated with the Airline Pilots Association of the Philippines
(ALPAP) went on a three-week strike, causing serious losses to the
financially beleaguered flag carrier. As a result, PAL's financial situation
went from bad to worse. Faced with bankruptcy, PAL adopted a
rehabilitation plan and downsized its labor force by more than one-third.
-PALEA went on strike to protest the retrenchment measures adopted
by the airline, which affected 1,899 union members. The strike ended
four days later, when PAL and PALEA agreed to a more systematic
reduction in PAL's work force and the payment of separation benefits to
all retrenched employees.
-then President Joseph E. Estrada issued Administrative Order No. 16
creating an Inter-Agency Task Force (Task Force) to address the
problems of the ailing flag carrier
-PAL management submitted to the Task Force an offer by private
respondent Lucio Tan, Chairman and Chief Executive Officer of PAL, of
a plan to transfer shares of stock to its employees
-PALEA informed the Department of Labor and Employment (DOLE)
that it had no objection to a referendum on the Tan's offer. 2,799 out of
6,738 PALEA members cast their votes in the referendum under DOLE
supervision held on September 21-22, 1998. Of the votes cast, 1,055
voted in favor of Tan's offer while 1,371 rejected it
-PAL ceased its operations and sent notices of termination to its
employees.
Two days later, the PALEA board wrote President Estrada anew,
seeking his intervention. PALEA offered a 10-year moratorium on strikes
and similar actions and a waiver of some of the economic benefits in the
existing CBA. Tan, however, rejected this counter-offer
-PALEA board again wrote the President. Among the signatories to the
letter were herein petitioners Rivera, Ramiso, and Aranas, as officers
and/or members of the PALEA Board of Directors. PAL management
accepted the PALEA proposal and the necessary referendum was
scheduled.
-PALEA members cast their votes in a DOLE-supervised referendum. Of
the votes cast, 61% were in favor of accepting the PAL-PALEA
agreement, while 34% rejected it.
-seven officers and members of PALEA filed this instant petition to annul
the September 27, 1998 agreement entered into between PAL and
PALEA
ISSUE
WON the PAL-PALEA agreement of September 27, 1998, stipulating the
suspension of the PAL-PALEA CBA unconstitutional and contrary to
public policy?
HELD
NO. petitioners contend that the controverted PAL-PALEA agreement is
void because it abrogated the right of workers to self-organization and
their right to collective bargaining. Petitioners claim that the agreement
was not meant merely to suspend the existing PAL-PALEA CBA, which
expires on September 30, 2000, but also to foreclose any renegotiation
or any possibility to forge a new CBA for a decade or up to 2008. It
violates the "protection to labor" policy laid down by the Constitution.
Under Article 253-A of the Labor Code, insofar as representation is
concerned, a CBA has a term of five years, while the other provisions,
except for representation, may be negotiated not later than three years
after the execution. Petitioners submit that a 10-year CBA suspension is
inordinately long, way beyond the maximum statutory life of a CBA,
provided for in Article 253-A. By agreeing to a 10-year suspension,
PALEA, in effect, abdicated the workers' constitutional right to bargain
for another CBA at the mandated time.
-HOWEVER, A CBA is "a contract executed upon request of either
the employer or the exclusive bargaining representative
incorporating the agreement reached after negotiations with
respect to wages, hours of work and all other terms and conditions
of employment, including proposals for adjusting any grievances
or questions arising under such agreement.'' The primary purpose of
a CBA is the stabilization of labor-management relations in order to
create a climate of a sound and stable industrial peace. In construing a
CBA, the courts must be practical and realistic and give due
consideration to the context in which it is negotiated and the purpose
2. CONTENTS
SEE SAMPLE CBA
EFFECT SUBSTANDARD CONTRACT
ART. 239. Grounds for cancellation of union registration. The following shall constitute grounds for cancellation of
union registration:
(f) Entering into collective bargaining agreements which
provide terms and conditions of employment below minimum
standards established by law;
* remember! A239 has been amended by RA 8491
GRIEVANCE PROCEDURE
ART. 253-A. Terms of a collective bargaining agreement. Any Collective Bargaining Agreement that the parties may
enter into shall, insofar as the representation aspect is
concerned, be for a term of five (5) years. 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 and Employment
outside of the sixty-day period immediately before the date of
expiry of such five-year term of the Collective Bargaining
Agreement. All other provisions of the Collective Bargaining
Agreement shall be renegotiated not later than three (3)
years after its execution. Any agreement on such other
provisions of the Collective Bargaining Agreement entered
into within six (6) months from the date of expiry of the term
of such other provisions as fixed in such Collective
Bargaining Agreement, shall retroact to the day immediately
following such date. If any such agreement is entered into
beyond six months, the parties shall agree on the duration of
retroactivity thereof. In case of a deadlock in the renegotiation
of the Collective Bargaining Agreement, the parties may
exercise their rights under this Code. (As amended by
Section 21, Republic Act No. 6715, March 21, 1989).
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SMC v. CONFESSOR
(cha Mendoza)
GENERAL MILLING CORPORATION v CA (GMC
INDEPENDENT LABOR UNION)
422 SCRA 514
QUISUMBING; February 11, 2004
FACTS
-GMC employed 190 workers in its two plants, all of whom were
members of GMC-ILO (duly certified bargaining agent). GMC and the
union concluded a CBA) which included the issue of representation
effective for a term of three years. The CBA was effective for three
years, to expire on November 30, 1991.
-A day before the expiration of the CBA, the union sent GMC a proposed
CBA, with a request that a counter-proposal be submitted within 10
days. As early as October 1991, however, GMC had received collective
and individual letters from workers who stated that they had withdrawn
from their union membership, on grounds of religious affiliation and
personal differences. Believing that the union no longer had standing to
negotiate a CBA, GMC did not send any counter-proposal, believing that
there was no basis to negotiate with a union which no longer existed.
-The union officers disclaimed any massive disaffiliation or resignation
from the union and submitted a manifesto, signed by its members,
stating that they had not withdrawn from the union.
-GMC dismissed Tumbiga, a union member, on the ground of
incompetence. The union protested and requested GMC to submit the
matter to the grievance procedure provided in the CBA. GMC denied the
unions request. Thus, the union filed a complaint against GMC with the
Labor Arbiter alleging ULP for: (1) refusal to bargain collectively; (2)
interference with the right to self-organization; and (3) discrimination.
The labor arbiter dismissed the case with the recommendation that a
petition for certification election be held to determine if the union still
enjoyed the support of the workers.
- Upon appeal, the NLRC reversed the LAs decision. But NLRC later
reversed its own decision. The CA reinstated NLRCs first decision,
ruling in favor of the union.
ISSUE
1. WON GMC is guilty of ULP for violating the duty to bargain
collectively and/or interfering with the right of its employees to selforganization
2. WON the CA erred in imposing upon GMC the draft CBA proposed by
the union for two years to begin from the expiration of the original CBA.
HELD
1. YES
Section 2, Article X of the Collective Bargaining Agreement specifies the instances when the
grievance machinery may be availed of, thus: "Any protest or misunderstanding concerning any
ruling, practice or working conditions in the Company, or any dispute arising as to the meaning,
application or claim of violation of any provision of this Agreement or any complaint that any
employee may have against the COMPANY shall constitute a grievance."
Disini
(A231 contd)
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proposal and counter proposal. The general rule is that when a CBA
already exists, its provision shall continue to govern the relationship
between the parties, until a new one is agreed upon. The rule
necessarily presupposes that all other things are equal. That is, that
neither party is guilty of bad faith. However, when one of the parties
abuses this grace period by purposely delaying the bargaining process,
a departure from the general rule is warranted.
It would be unfair to the union and its members if the terms and
conditions contained in the old CBA would continue to be imposed on
GMCs employees for the remaining two (2) years of the CBAs duration.
We are not inclined to gratify GMC with an extended term of the old CBA
after it resorted to delaying tactics to prevent negotiations. Since it was
GMC which violated the duty to bargain collectively, based on Kiok Loy
and Divine Word University of Tacloban, it had lost its statutory right to
negotiate or renegotiate the terms and conditions of the draft CBA
proposed by the union.
Under ordinary circumstances, it is not obligatory upon either side of a
labor controversy to precipitately accept or agree to the proposals of the
other. But an erring party should not be allowed to resort with impunity to
schemes feigning negotiations by going through empty gestures. Thus,
by imposing on GMC the provisions of the draft CBA proposed by the
union, the interests of equity and fair play were properly served and both
parties regained equal footing, which was lost when GMC thwarted the
negotiations for new economic terms of the CBA.
3. REGISTRATION-231
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ISSUE/S
WON NLRC committed grave abuse of discretion in ruling that private
respondents Aklit and 350 others are entitled to the CBA benefits
despite the fact that they werent members of the bargaining unit during
the CBAs term, and werent even EEs of petitioner
HELD
1. NO
Ratio In a long line of cases, the Court has held that when a collective
bargaining contract is entered into by the union representing the EEs
and ER, even the non-member EEs are entitled to the benefits of the
contract.
Reasoning Petitioner argues that private respondents cannot claim
benefits as they were only hired after the term of the CBA and were thus
not parties to the agreement. However, to grant such benefits only to
members of the union without valid reason would constitute undue
discrimination against nonmembers. A laborer may even claim benefits
from the CBA entered into by the company and union of which he was a
member at the time, after he has resigned from said union.
-Petitioner argues that the CBA benefits sought such as wage increases
in 1985 were stipulated only for the years 1981-84 and as such, there
was no contractual basis for the grant of said benefits from 1985
onwards. However, the Court has held that a CBA, even though it has
expired, continues to have legal effect until a new one is entered into;
parties to the CBA must maintain the status quo during the 60-day
period (to serve written notice to terminate CBA 60-days prior to
expiration) or until a new agreement is reached. To hold otherwise
would be to create a gap during which no agreement at all would govern
from the time the old CBA expires until the new one is entered into.
Disposition Petition for certiorari is dismissed.
therein imposed is not fulfilled, the aggrieved party has the right
to go to court for redress. (Mactan Workers Union vs. Aboitiz)
DISPOSITION Petition is DENIED.
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General Provisions
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the last 3 years continuous. Clearly, CBA provision allows the employee
to be retired by the School even before reaching the age of 60, provided
that he/she had rendered 20 years of service. Would such a stipulation
be valid? Jurisprudence affirms the position of the School.
- Pantranco North Express, Inc. v. NLRC > Pantranco allowed the
employee to be compulsorily retired upon reaching the age of 60 or
upon completing 25 years of service. On the basis of the CBA, private
respondent was compulsorily retired by Pantranco at the age of 52, after
25 years of service. Interpreting Article 287, the Court ruled that the
Labor Code permitted employers and employees to fix the applicable
retirement age at below 60 years of age. Moreover, the Court also held
that there was no illegal dismissal since it was the CBA itself that
incorporated the agreement reached between the employer and the
bargaining agent with respect to the terms and conditions of
employment; hence, when the private respondent ratified the CBA with
his union, he concurrently agreed to conform to and abide by its
provisions.
- Progressive Development Corporation v. NLRC > CBA stipulated
that an employee with 20 years of service, regardless of age, may be
retired at his option or at the option of the company. The stipulation was
used by management to compulsorily retire two employees with more
than 20 years of service, at the ages of 45 and 38. The Court affirmed
the validity of the stipulation on retirement as consistent with Article 287
of the Labor Code.
- Philippine Airlines, Inc. v. Airline Pilots Association of the Phils. >
PAL-ALPAP Retirement Plan, the Plan having subsequently been
misquoted in the CBA mutually negotiated by the parties. The Plan
authorized PAL to exercise the option of retirement over pilots who had
chosen not to retire after completing 20 years of service or logging over
20,000 hours for PAL. After PAL exercised such option over a pilot,
ALPAP charged PAL with illegal dismissal and union-busting. While the
Secretary of Labor upheld the unilateral retirement, it nonetheless ruled
that PAL should first consult with the pilot to be retired before it could
exercise such option. The Court struck down that proviso, ruling that the
requirement to consult the pilots prior to their retirement defeats the
exercise by management of its option to retire the said employees,
[giving] the pilot concerned an undue prerogative to assail the decision
of management.
Obiter
- Llagas and Javier were indeed managerial and supervisory employees,
respectively. Having established that Llagas is a managerial employee,
she is proscribed from joining a labor union, more so being elected as
union officer. In the case of Javier, a supervisory employee, she may
join a labor union composed only of supervisory employees. Finding
both union officers to be employees not belonging to the rank-and-file,
their membership in the Union has become questionable, rendering the
Union inutile to represent their cause.
ART. 260. Grievance machinery and voluntary arbitration. The parties to a Collective Bargaining Agreement shall
include therein provisions that will ensure the mutual
observance of its terms and conditions. They shall
establish a machinery for the adjustment and resolution of
grievances
arising
from
the
interpretation
or
implementation of their Collective Bargaining Agreement
and those arising from the interpretation or enforcement of
company personnel policies.
All grievances submitted to the grievance machinery which
are not settled within seven (7) calendar days from the
date of its submission shall automatically be referred to
voluntary arbitration prescribed in the Collective Bargaining
Agreement.
For this purpose, parties to a Collective Bargaining
Agreement shall name and designate in advance a
Voluntary Arbitrator or panel of Voluntary Arbitrators, or
include in the agreement a procedure for the selection of
such Voluntary Arbitrator or panel of Voluntary Arbitrators,
preferably from the listing of qualified Voluntary Arbitrators
duly accredited by the Board. In case the parties fail to
select a Voluntary Arbitrator or panel of Voluntary
Arbitrators, the Board shall designate the Voluntary
Arbitrator or panel of Voluntary Arbitrators, as may be
necessary, pursuant to the selection procedure agreed
upon in the Collective Bargaining Agreement, which shall
act with the same force and effect as if the Arbitrator or
panel of Arbitrators has been selected by the parties as
Disposition
Petition is GRANTED.
REINSTATED.
NLRC Resolution
5.2 GRIEVANCE
PROCEDURE-260;255
DISPUTE
SETTLEMENT:
ISSUES AND INDIVIDUAL
GRIEVANCE
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PAL V SANTOS
218 SCRA 415
REGALADO; February 1, 1993
Disini
Facts
Respondents are Port Stewards of Catering Sub-Department,
Passenger Services Department of PAL who have the following duties
and responsibilities:Prepare meal orders and check-lists, setting up
standard equipment in accordance with the requirements of the type of
service for each flight; skiing, binning and inventorying of Commissary
supplies and equipment.
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into "lie matter during Abad's absence. Thus, private respondents should
not be faulted for believing that the effect of the C13A in their favor had
already stepped into the controversy.
Disposition
petition denied, assailed decision of NLRC is affirmed
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Disini
RATIO
Contract in labor law is a term the implications of which must be
determined from the connection in which it appears. Collective
bargaining between employer and the representatives of a unit,
usually a union, results in an accord as to terms which will
govern hiring and work and pay in that unit. The result is not,
however a contract of employment except in rare cases; no one
has a job by reason of it and no obligation to any individual
ordinarily comes into existence from it alone. The negotiations
between union and management result in what often has been
5.3 INDIVIDUAL WORKER AND called a trade agreement, rather than in a contract of
employment.
CONTRACT
After the collective trade agreement is made, the individuals who
J.I. CASE CO. VS NATIONAL LABOR RELATIONS
shall benefit by it are identified by individual hirings. The
BOARD
employer, except as restricted by the collective agreement itself
64 Sup. Ct. 576 99 L. Ed. (44)
and exceptthat he must engage in no unfair labor practice or
discrimination, is free to select those he will employ or discharge.
JACKSON; October 1943
But the terms of the employment already have been traded out.
But however engaged, an employee becomes entitled by virtue
NATURE
of the Labor Relations Act somewhat as a third party beneficiary
Certiorari to review a decree which granted enforcement of an order of
to all benefits of the collective trade agreement, even if on his
the National Relations Board
own he would yield to less favorable terms. The individual
hiring contract is subsidiary to the terms of the trade
FACTS
- Petitioner J.I. Case Company, from 1937 offered each employee an agreement and may not waive any of its ebenfits, any more
individual contract of employment. The contracts were uniform and for a than a shipper can contract away the benefit of filed taiffs.
term of one year. The Company agreed to furnish employment as Concurrent existence of these two types of agreement raises
steadily as conditions permitted, to pay a specified rate, which the problems as to which the National Labor Relations Act makes no
Company might re-determine if the job changed, and to maintain certain express provision. The court however held that individual
hospital facilities. The Employee agreed to accept the provisions, to contracts obtained as the result of an unfair labor practice may
serve faithfully and honestly for the term, to comply with factory rules not be the basis of advantage to the violator of the Act nor of
and that defective work should not be paid for. About 75% of the disadvantage to employees.
employees accepted and worked under these agreements. According to Individual contracts, no matter what the circumstances that
the Boards stipulation and finding, the execution of the contracts was justify their execution or what their terms, may not be availed of
not a condition of employment, nor was the status of individual to defeat or delay the procedures prescribed by the National
employees affected by reason of signing or failing to sign the contracts. Labor Relations Act looking to collective bargaining, nor to
It is not found or contended that the agreements were coerced, obtained exclude the contracting employee from a duly ascertained
by any unfair labor practice, or that they were not valid under the bargaining unit; nor may they be used to forestall bargaining or
to limit or condition the terms of the collective agreement The
circumstances in which they were made.
- While the individual contracts executed were in effect, a C.I>O> union Board asserts a public right vested in it as a public body,
petitioned the Board for certification as the exclusive bargaining charged in the public interest with the duty of preventing unfair
representative of the production and maintenance employees. A hearing labor practices. Whether private contracts conflict with its
was held, at which the Company urged the individual contracts as a bar functions, they obviously must yield or the Act would be
to representation proceedings, the Board, however, directed an election reduced to a futility
which was won by the union. The union was thereupon certified as the It is equally clear since the collective trade agreement is to serve
exclusive bargaining representative of the em0ployees in question in the purpose contemplated by the Act, the individual contract
cannot be effective as a waiver of any benefit to which the
respect to wages, hours and other conditions of employment.
-The union then asked the Company to bargain, it refused, declaring that employee otherwise would be entitled under the trade agreement.
it could not deal with the union in any manner affecting rights and The very purpose of providing by statute for the collective
obligations under the individual contracts while they remained in effect. It agreement is to supersede the terms of separate agreements of
offered to negotiate on matters which did not affect rights under the employees with terms which reflect the strength and bargaining
individual contracts, and said that upon the expiration of the contracts it power and serve the welfare of the group. Its benefits and
advantages are open to every employee of the represented unit,
would bargain as to all matters.
-The Board held that the Company had refused to bargain collectively in whatever the type or terms of his pre-exisitng contract of
violation of S8 of the National Relations Act; and that the contracts had employment.
bee utilized by means of the circulars to impede employees in the But it is urged that some employees may lose by the collective
exercise of rights guaranteed by s7 of the Act, with the result that the agreement, that an individual workman may sometimes have, or
Company had engaged in unfair labor practices within the meaning of s8 be capable of getting better terms than those obtainable by the
(1) of the Act. It ordered the Company to cease and desist from giving group and that his freedom of contract must be respected on that
effect to the contracts, from extending them or entering into new ones, account. The court finds the mere possibility that such
from refusing to bargain and from interfering with the employees; and it agreements might be made no ground for holding generally
required the Company to give notice accordingly and to bargain upon that individual contracts may survive or surmount collective
request. The Circuit Court of Appeals, with modification not in issue here, ones. The practice and philosophy of collective bargaining
looks with suspicion on such individual advantages of
granted an order of enforcement.
course where there is great variation in circumstances of
employment or capacity of employees, it is possible for the
ISSUE
WON the contentions of the Company that the individual contracts collective bargain to prescribe only minimum rates or
precluded a choice of representatives and warranted refusal to bargain masimum hours or expressly to leave certain areas open to
individual bargaining. But except as so provided,
during their duration were properly overruled.
advantages to individuals may prove as disruptive of
industrial peace as disadvantages
HELD
YES
DISPOSITION AFFIRMED
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FACTS
- This case arose out of a collective bargaining deadlock between
petitioner and Manila Central Line Free Workers Union-National
Federation of Labor. The parties' collective bargaining agreement had
expired on March 15, 1989. As the parties failed to reach a new
agreement, the union sought the aid of the National Conciliation and
Mediation Board, but the deadlock remained unresolved.
- On February 9, 1990, the union filed a Petition for Compulsory
Arbitration. At the initial hearing, the parties declared that conciliation
efforts before the NCMB had terminated and it was their desire to submit
the case for compulsory arbitration.
- On September 28, 1990, the labor arbiter rendered a decision
embodying provisions for a new 5-year collective bargaining agreement.
- Petitioners appeal was denied by the NLRC. The NLRC also denied
petitioner's motion for reconsideration.
ISSUE
WON the NLRC erred in affirming the Labor Arbiter's decision holding
that the effectivity of the renegotiated CBA shall be retroactive to March
15, 1989, the expiry date of the old CBA.
HELD YES
Reasoning
Art. 253-A refers to collective bargaining agreements entered into by the
parties as a result of their mutual agreement. The CBA in this case, on
the other hand, is part of an arbitral award. As such, it may be made
retroactive to the date of expiration of the previous agreement.
- St. Luke's Medical Center, Inc. v. Torres: The effectivity of the
Order must retroact to the date of the expiration of the previous CBA,
contrary to the position of petitioner. Article 253-A cannot be properly
applied to herein case. As correctly stated by public respondent, anent
the alleged lack of basis for the retroactivity provisions awarded, we
would stress that the provision of law invoked by the Hospital, Article
253-A of the Labor Code, speaks of agreements by and between the
parties, and not arbitral awards . . . Therefore, in the absence of a
specific provision of law prohibiting retroactivity of the effectivity of
arbitral awards issued by the Secretary of Labor pursuant to Article
263(g) of the Labor Code, such as herein involved, public respondent is
deemed vested with plenary and discretionary powers to determine the
effectivity thereof.
- petitioner has not shown that the question of effectivity was not
included in the general agreement of the parties to submit their dispute
for arbitration. To the contrary, as the order of the labor arbiter states,
this question was among those submitted for arbitration by the parties:
As regards the "Effectivity and Duration" clause, the company proposes
that the collective bargaining agreement shall take effect only upon its
signing and shall remain in full force and effect for a period of five years.
The union proposes that the agreement shall take effect retroactive to
March 15, 1989, the expiration date of the old CBA.
- It is the observation of this Arbitrator that in almost subsequent CBAs,
the effectivity of the renegotiated CBA, usually and most often is made
effective retroactive to the date when the immediately proceeding CBA
expires so as to give a semblance of continuity.
Disposition the petition is DISMISSED for lack of merit.
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The aforesaid provisions, taken together, clearly show the intent of the
parties to maintain union security during the period of the suspension
of the CBA. Its objective is to assure the continued existence of PALEA
during the said period. We are unable to declare the objective of union
security an unfair labor practice. It is State policy to promote unionism
to enable workers to negotiate with management on an even playing
field and with more persuasiveness than if they were to individually and
separately bargain with the employer.
Petitioners contention that the agreement installs PALEA as a virtual
company union is also untenable. Under Article 248 (d) of the Labor
Code, a company union exists when the employer acts [t]o initiate,
dominate, assist or otherwise interfere with the formation or
administration of any labor organization, including the giving of financial
or other support to it or its organizers or supporters. The case records
are bare of any showing of such acts by PAL.
We also do not agree that the agreement violates the five-year
representation limit mandated by Article 253-A. Under said article, the
representation limit for the exclusive bargaining agent applies only when
there is an extant CBA in full force and effect. In the instant case, the
parties agreed to suspend the CBA and put in abeyance the limit on the
representation period.
retroactivity thereof. In case of a deadlock in the renegotiation of the collective bargaining agreement,
the parties may exercise their rights under this Code.
5.6
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the instant case and that there is no law requiring bona fide purchasers
of the assets of an on-going concern to absorb in its employ the
employees of the latter.
- Drilon denied the MFR.
ISSUE
WON the purchaser of the assets of an employer corporation can be
considered a successor employer of the latter's employees
HELD
NO
Ratio The rule is that unless expressly assumed, labor contracts such
as employment contracts and collective bargaining agreements are not
enforceable against a transferee of an enterprise, labor contracts being
in personam, thus binding only between the parties.
Reasoning
- As a general rule, there is no law requiring a bona fide purchaser of
assets of an on-going concern to absorb in its employ the employees of
the latter.
- However, although the purchaser of the assets or enterprise is not
legally bound to absorb in its employ the employers of the seller of such
assets or enterprise, the parties are liable to the employees if the
transaction between the parties is colored or clothed with bad faith.
- In the case at bar, contrary to the claim of the public respondent that
the transaction between petitioner and Mabuhay was attended with bad
faith, the court finds no cogent basis for such contention. Thus, the
absorption of the employees of Mabuhay may not be imposed on
petitioner.
- It is undisputed that when Mabuhay surrendered the leased premises
to Syjuco and asked Syjuco to offer same to other lessees, it was Syjuco
who found petitioner and persuaded petitioner to lease said premises.
Mabuhay had nothing to do with the negotiation and consummation of
the lease contract between petitioner and Syjuco.
- In the tri-partite agreement that was entered into by petitioner with
respondents NUWHRAIN and Mabuhay, it is clearly stipulated that
immediately after the execution of the agreement, Mabuhay shall give a
list of its members to Sundowner that it desires to recommend for
employment so that the latter can consider them for employment, with
no commitment whatsoever on the part of Sundowner to hire them in the
business that it will operate in the premises formerly occupied by the
Hotel Mabuhay.
- There can be no implied acceptance of the employees of Mabuhay by
petitioner and acceptance of statutory wrong as it is expressly provided
in the agreement that petitioner has no commitment or duty to absorb
them.
- The court does not subscribe to the theory of Drilon that petitioner
should have informed NUWHRAIN of its lease of the premises and its
purchase of the assets and personal properties of Mabuhay so that said
employees could have taken steps to protect their interest. The court
finds no such duty on the part of petitioner and its failure to notify said
employees cannot be an indicium of bad faith.
- While it is true that petitioner is using the leased property for the same
type of business as that of respondent Mabuhay, there can be no
continuity of the business operations of the predecessor employer by the
successor employer as respondent Mabuhay had not retained control of
the business.
Disposition Petition granted. Orders reversed and set aside.
Disini
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5.7
CBA
AND
DISAFFILIATIONSUBSTTTUTION DOCTRINE
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Labor Law 2
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5.8
EFFECT EXPIRY
Disini
were under the impression that they were ably represented, they
were not able to appeal their case on time.
- The Supreme Court has allowed appeals from decisions of the
labor arbiter to the NLRC, even if filed beyond the reglementary
period, in the interest of justice.
2. NO
Ratio When a collective bargaining contract is entered into by the
union representing the employees and the employer, even the
non-member employees are entitled to the benefits of the
contract.
Reasoning
- It must first be established whether a CBA was in effect during
the time of the appeal. A CBA, as to its economic provisions, can
be extended beyond the period stipulated therein, and even
beyond the three-year period prescribed by law, in the absence
of a new agreement, Article 253 of the Labor Code explicitly
provides:
ART. 253. Duty to bargain collectively when there exists a
collective bargaining agreement. - When there is a
collective bargaining agreement, the duty to bargain
collectively shall also mean that neither party shall
terminate nor modify such agreement during its lifetime.
However, either party can serve a written notice to
terminate or modify the agreement at least sixty (60) days
prior to its expiration date. It shall be the duty of both parties
to keep the status quo and to continue in full force and
effect the terms and conditions of the existing agreement
during the 60-day period and/or until a new agreement is
reached by the parties.
- Until a new Collective Bargaining Agreement has been
executed by and between the parties, they are duty-bound to
keep the status quo and to continue in full force and effect the
terms and conditions of the existing agreement. In the case at
bar, no new agreement was entered into by and between
petitioner Pacific and NFL pending appeal of the decision in
NLRC Case.
- To rule otherwise, i.e., that the economic provisions of the
existing CBA in the instant case ceased to have force and effect
in the year 1984, would be to create a gap during which no
agreement would govern, from the time the old contract expired
to the time a new agreement shall have been entered into.
- It is even conceded, that a laborer can claim benefits from a
CBA entered into between the company and the union of which
he is a member at the time of the conclusion of the agreement,
after he has resigned from said union.
- To exclude the nonmembers would constitute undue
discrimination and deprive them of monetary benefits they would
otherwise be entitled to under a new collective bargaining
contract to which they would have been parties. Since in this
particular case, no new agreement had been entered into after
the CBA's stipulated term, it is only fair and just that the
employees hired thereafter be included in the existing CBA.
DISPOSITION
Petition for certiorari is dismissed for lack of merit.
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Court also advanced the hearing. The CLU filed with this Court a 2 nd
petition for review of the order and resolution of the CIR en banc. We
gave due course to the 2nd petition for review and resolved further to
consider it together with the 1st.
- Pending this Court's adjudication of the two cases, the MME filed with
this Court a "Motion for Preliminary Injunction", alleging that the ESSO
and the CLU had extended the term of the existing CBA; that pursuant
to its provisions, the CLU and the ESSO will commence negotiations for
a new CBA and sign the same, unless a preliminary injunction is issued
by this Court; that a new agreement will render moot and academic the
order of the CIR certifying the MME as the sole and exclusive bargaining
agent of all the employees of the ESSO unit, and may again be alleged
as a bar to the holding of a new certification election. The motion was
opposed by the CLU and the ESSO, both alleging that since the secret
ballot election was held, there has occurred a substantial change in the
composition of the rank and file employees at the ESSO unit, a good
number of them having left their employment, retired, or been
compulsorily laid off with the approval of the CIR, resulting in a change
of employee composition in the unit; that the ESSO will negotiate a new
CBA with the union that commands the majority of the present labor
force, either the CLU or the MME, as the case may be; and that if this
Court issues the restraining order, it will suspend the process of a new
CBA to the prejudice of the workers who would be denied the economic
benefits thereof. This court issued an injunction commanding the CLU
and ESSO to refrain from negotiating and concluding a new collective
bargaining agreement until after this Court shall have decided the case
on the merits.
ISSUE/S
1. WON the court may determine which of the competing unions is the
appropriate bargaining unit
HELD
1. NO
Ratio This Court in numerous cases has reaffirmed its attitude that it is a
sound and unassailable labor practice for labor and management to
conclude a new contract before the expiry date of any collective
bargaining agreement in order to avoid a hiatus in management-labor
relations.
Reasoning The passage of time has removed all meaning and validity
from the positions taken by the 2 competing unions. All the pleadings
extant in the record are dated and were filed prior to the date when the
CBA in question expired; the positions of the 2 unions have therefore
become academic. The CLU claims that it is the sole and exclusive
bargaining agent on the strength of its prior collective bargaining history;
the MME claims that it is the one that should be recognized on the basis
of the will of the employees manifested in the secret ballot election in
favor of the MME. Like the CLU, the MME claims that its majority status
should be presumed to continue up to the present time and for as long
as the question has not been finally resolved. Against the presumption
of continued majority status, however, is the rule that such majority
status does not continue forever "especially in face of an assertion
and offer of proof to the contrary", or "in view of altered
circumstances which have likely occurred in the interim", or "by a
change in the conditions which demonstrates that a shift in
sentiment actually exists among the employees, and is caused by
other factors than the employer's refusal to bargain collectively".
The burden of coming forward with proof of majority status is upon the
union asserting it. Against the claim of the MME that it represents the
will of the majority of the rank and file employees at the Pandacan
Terminal unit, is the manifestation, advanced with vehemence, of both
the CLU and the ESSO that after the secret ballot election, the
employee composition has substantially changed because a great
number of the employees and laborers in the Pandacan Terminal unit
have left their employment, retired, or been compulsorily laid off with the
approval of the CIR. Precisely because the record is barren of evidence
upon which this Court may properly reach a definitive determination as
to which of the 2 unions should be upheld, at this time, as the sole and
exclusive bargaining agent, this Court will not even begin to attempt to
resolve the problem in favor of one or the other labor union.
Disposition Case remanded to the CIR with instructions to take such
action and issue such orders as circumstances may warrant.
Disini