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the
1. Negotiation
Stagethis
presupposes that you already
have an Exclusive Bargaining
agent
either
by
voluntary
recognition/direct certification, or
by Certification Election. The
shortest period for negotiation is
ONE YEAR because the EBA has
one year to conclude the CBA and
all the other unions all over the
world cannot file a certification
election. Why do I say that it is
the shortest period? Because if
there is a deadlock, they cannot
go ahead with the collective
bargaining and they have to
submit it either to voluntary
arbitration
or
compulsory
arbitration. Then, the prohibition
against filing a Certification
Election is extended. That is
called the DEADLOCK BAR
RULE.
2. Administration Stage- there
is already a CBA. You are
administering it.
3. Renegotiation Stage/ Phase
DEADLOCK BAR RULE. This
time, the negotiation is brought
to a forum and the forum decides
the deadlock. So it could last up
to 10 years or 15 years.
I hate to confuse you but there is
another rule when you cannot file
a certification a certification
election. It is not mentioned in
the
Labor
Code.
All
the
C. To be furnished by the
employer, upon written request,
with its annual audited financial
statements, including the balance
sheet and the profit and loss
statement, within thirty (30)
calendar days from the date of
receipt of the request, after the
union has been duly recognized
by the employer or certified as
the sole and exclusive bargaining
representative of the employees
in the bargaining unit, or within
sixty (60) calendar days before
the expiration of the existing
collective bargaining agreement,
or
during
the
collective
bargaining negotiation;
Xxxxx
Is it not the beginning of the
collective
bargaining?
The
moment there is an exclusive
bargaining agent? Nakalimot ang
Supreme Court ini. Still, General
Milling case, the SC reiterated
the ruling in Kiok Loy. The Kiok
Loy decision was before the
amendment
here.
This
was
introduced by RA 6715, The
Herrera-Veloso Law which was
enacted before the Kiok Loy case.
RA 6715 became effective on
March 16, 1989. The Supreme
Court said in the Kiok Loy case
that there is already an exclusive
bargaining agent, the Med Arbiter
already declared them as the
winner, they reduced the CBA into
writing,
gave
it
to
the
management. The management
just ignored it, did not confirm
that they receive it and replied to
it. What should have been the
duty of the management? Article
260.
Art.
250.
collective
Procedure
in
bargaining. The
x
Who is the party who desires to
negotiate an agreement? It is
always the union. The company
does not care, it does not desire
to negotiate an agreement.
B. Should differences arise on the
basis of such notice and reply,
either party may request for a
conference which shall begin not
later than ten (10) calendar days
from the date of request.
The period that you have to
remember here is 10 DAYS. 10,
10, 10 DAYS.
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;
This negotiation is so replete that
the government is hovering over
the shoulders of the parties.
When in doubt, the NCMB may
come in. They want to prevent a
strike.
D.
During
the
conciliation
proceedings in the Board (refers
to NCMB), the parties are
prohibited from doing any act
which may disrupt or impede the
early settlement of the disputes;
and
E. The Board shall exert all efforts
to settle disputes amicably and
encourage the parties to submit
their
case
to
a
voluntary
arbitrator. (As
amended
by
Section 20, Republic Act No.
6715, March 21, 1989)
What happens if you do not
submit to Voluntary Arbitration?
You may be charged of Failure in
your duty to bargain. Can that
charge __stick__? It is my
submission that it does not. That
is why it is not stated here as a
specimen of Bad Faith Bargaining.
For example, the employer fails to
show up in the conciliation
proceedings. Can they compel
those present to testify? Please
refer
to
Article
238
as
renumbered.
Art. 238 (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.
So what is the status of
conciliation
proceedings?
PRIVILEGED. Dont forget that.
Even the Supreme Court forgets
that. If fail to object on the
ground that it is privileged, you
waive it.
BARGAIN
1.
Article
124.
Standards/Criteria
for
minimum wage fixing. x x x
Where the application of any
prescribed wage increase by
virtue of a law or wage order
issued by any Regional Board
results in distortions of the wage
structure within an establishment,
the employer and the union
shall negotiate to correct the
distortions. Any dispute arising
from wage distortions shall be
resolved through the grievance
procedure under their collective
bargaining agreement and, if it
remains
unresolved,
through
voluntary
arbitration.
Unless
otherwise agreed by the parties in
writing, such dispute shall be
decided
by
the
voluntary
arbitrators
within
ten
(10)
decided no longer to
continue with business.
LVN stopped making
movies. They just rent
out their equipment to
those
who
make
movies.
2. National
Union
of
Restaurant Workers vs
CIR, 10 SCRA 843/343?
(1964)
- National
Union
of
Restaurant Workers is a
union of the workers of
Aristocrat
Restaurant,
the one of the oldest
restaurant in Manila. It
has been there before
World War II.
- This is a landmark case.
The owner did not just
mind the bargaining
proposals
until
the
union,
after
two
months, filed a notice of
strike. They said that
the employer is guilty of
unfair labor practice.
When they filed a notice
of strike, that is when
the big boss appeared.
- The conciliator said to
the owner: You have not
acknowledged
their
bargaining
proposals.
What do you say about
their
bargaining
proposals.
The
boss
said, I forgot. Can you
give me a copy of the
bargaining proposals?
- So the Labor union gave
her a copy. She took it,
read it. Said, #1, this is
too much. #2, maybe
we
can
make
compromise. She went
down
the
entire
proposal.
She
made
marginal annotations by
way of responding to
the proposals.
Is management obliged to
initiate
the
collective
bargaining? That was answered
by Cuevas in Kiok Loy. The
Supreme Court says No.
Is employer obliged to file a
grievance? No. ( SMTFM-UWP vs
NLRC, L- 113856, September 7,
1998) There is no need for
management to file grievance
because in ordinary parlance, the
bargaining obligation ends with
an agreement. When there is
already an agreement, you do not
bargain
anymore;
you
administer/implement
the
agreement. In CBA, collective
bargaining does not end with an
agreement.
continues.
Bargaining