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1 LABOR MANAGEMENT RELATIONS (escalante-saac)

Labor relations Refers in a broad sense, to the relationships between the employees on one hand and
management on the other.
BACKGROUND OF PRESENT LABOR-MANAGEMENT RELATIONS
In a democratic society where free enterprise exists and the growth of commercial and industrial activities encouraged,
the government must protect the rights and interests of the employees as well as those employers.
The government today plays an important role in relationships between labor and management. The growth of
industrialization has generated 4 distinct ideas in social and political thought:
1. The government should assume the role of guardian over interest in labor:
the assumption of such role by the state has its basis, in the POLICE POWER doctrine
the government has a right to regulate the manner in which the industry is conducted so that it will promote
the general welfare, thus, industrial peace is the responsibility of the government and labor disputes must be
settled within a framework of law and public policy to maintain peace and harmony within the industry
Government regulations usually take the form of general legislations and rules regulating the terms and
conditions of employee-employer relations such as the hours of work, the minimum wage, and the like which
are intended to promote peace and harmony between labor and management.
2. The employer has a social and moral responsibility to ameliorate the lot of his employees.
Such a duty is not limited to mere compliance with the minimum requirements of the law but should extend
to taking measures to afford the employee a life fit for a human being.
In a sense, the employer should be his brothers keeper, and his responsibilities, should constitute true
stewardship. This concept emphasizes human values. The worker is human being, created by God, and
therefore the employers has a moral obligation to provide him opportunities to live decently
3. Idea of justice
The law doesnt sanction the diminution or suppression of benefits or protection to which the employees
concerned are entitled under existing if the said benefits or protection are greater than what the law
prescribes.
4. The government should actively intervene in labor disputes because industrial disputes are costly
both the disputants and the public and may even cripple the countrys economy.
Since the government exists for the benefit of the governed, it should take whatever steps that will enhance
individual liberty, lessen the number of disputes, and hasten the settlement of those that occur.
SOURCES OF LABOR PROBLEMS
LABOR PROBLEM Is a difficulty caused by the impairment of the harmonious relations between
employees and management as a result of dissatisfaction, irritation, complaints,
grievance, or misunderstanding between and employee and the employer as regard
their relationships in the employment situation. It is a social, economic, or labor
problem that may arise out of misunderstanding or failure of communications
between employer and employee or between employees to cooperate with one
another in attaining common goals.
Labor Made up of human beings who must be treated fairly by management, otherwise they
may become resentful.
SATISFACTION OF PERSONAL NEEDS IN EMPLOYMENT
labor problem may spring from several factors involving employment, such as the following:
1. Wage or salary, which must be fair and commensurate with output, the difficulty of the job and responsibilities
inherent in it.
2. Company personnel policy, which must be reasonable to protect the welfare of the employee and make him feel that
the firm is one he wants to identify with and work for.
3. Working conditions, which includes hours of work and security against contingencies as sickness, accidents and old
age
4. Job security and stability of employment
5. Opportunity for advancement and self-improvement
6. Supervisors who are understanding, fair and tactful in dealing with workers
7. Recognition of the individual workers as humans beings who has dignity and self-respect and who differs from one
another in a significant degree
8. Sympathetic assistance in meeting personal problems
Feelings that can hurt MALADJUSTMENTS IN HUMAN RELATIONSHIPS
Nerves that can be shattered Labor consists of people who are human beings therefore have:
Pride that can be injured
Hopes and ambitions that can be
frustrated
Failure in achieving a decent
living
Society failure In narrowing the
gap between the rich and the
poor
IRRITANTS TO WORKERS
1. The desire of the employees to operate as economically as possible in their efforts to make profits, thus forgetting
welfare of the workers
2. The employers concept of labor as one of the important elements in production costs
3. The failure of labor to see that management has the right and the obligation to run the business
4. Managements indifferences and arbitrariness in dealing with workers
5. Undue protection by the government of employees and union by legislation
IRRITANTS TO EMPLOYERS
1. The shift in workers loyalty from management to union.
2. The reduction in management right to discipline or even just to deal with employees
3. The belligerence of labor leaders and the defiant attitude of workers when dealing with management
4. Inter-union and intra-union rivalries which make labor relations uncertain and create difficulties for management
5. Harassment by the union through the filling of all kinds of complaints and grievance with the grievance machinery of the
2 LABOR MANAGEMENT RELATIONS (escalante-saac)

company or with appropriate agencies of the government


6. Abuses of some Employees because of their belief that they enjoy the protection of the law and that the government will
always be on their side.
RIGHTS OF LABOR
1. Right to protection by the state
2. Right to full employment
3. Right to equal opportunities, regardless of sex, race, or creed
4. Right to self-organization
5. Right to collective bargaining
6. Right to security and tenure
7. Right to just and humane conditions
8. Right to peaceful concerted activities including right to strike
9. Right to participate in policy and decision making processes affecting frights and benefits
10. Right to compulsory arbitrations as may be provided by law
RIGHT EMBODIED IN THE LABOR CODE
1. Right to certain hours of work and weekly rest periods
2. Right to overtime and premium pay
3. Right to living wage
4. Right to protection of working women and minors
5. Right to emergency medical and dental treatments
6. Right to protection under safety and health standard
7. Right to employees compensation in case of injury or illness in line of duty
8. Right to social security and medical care.
WHY EMPLOYEES JOIN UNION?
1. Employers unfair and arbitrary treatment of employees, the abuses and autocratic practices of executives and
supervisors and the practices of favoritism and discrimination by supervisors.
2. Discontent with earning because of inequality of pay or low wages
3. The workers realization that collective action is more effective that divided action in dealing with employers
4. The labor code protects the rights of workers:
a. To organize themselves
b. To form, join or assist a labor organization of their own choosing
5. To engage in joint activities for the purpose of collective bargaining and other forms of mutual aid or protection
6. Union can wield power over management for their protection
7. The workers desire to render social service to their fellow workers who have problems and grievance
8. Managements failure to give the employees what are due them by law or by the companys voluntary grants.
9. Employers also organize union better economic and working conditions, for participation or control over benefits, and
desire to be heard and recognized as partners of management.
10. Managements failure to give proper attention to the workers individual and group needs such as satisfactory working
conditions, adequate wages and fair treatment
11. The feeling of security in employment and of economic advantage through collective action.
12. Some labor contracts provide for compulsory membership in the form of close-shop or union-shop agreements.
13. Lack of recognition by management of the importance or value of the employees job and accomplishments
14. Union leaders and members exert effort to enlist other workers and may even harass those who refuse to join them
15. The desire to seek solutions to common problems and aspirations together
16. The policies and programs and the working relationship in the company are very unsatisfactory, employees will be
easy targets for the organization or the union.
WHY SOME EMPLOYEES DO NOT JOIN UNIONS?
1. Some union leaders form or join a union merely to spite management for their complaints, grievance or frustrations.
For these reasons, employees doubt the sincerity of these union leaders.
Anomalies in the handling of union matters, especially of union funds and other corrupt practices by some union
leaders, have given unionism a bad image before employees and employers alike.
2. White-collar workers, especially the professional and technical employees, in general, show little more interest in
joining unions.
Being professional and technical employees, they prefer to maintain their relations with management on the
professional level rather than through unions.
3. Desire of employees to be treated individually and be reorganized for their good performance on the basis of the
merit, rather than achieve economic improvement through a collective bargaining agreement.
4. Some employees in the rank and file refuse to join unions because they dont want to pay union dues.
5. Some employees feel that union membership conflicts with their loyalty to the firm that employs
Union objectives The aims of labor organization are both economic and political
Economic objectives These objectives are the means by which the workers can satisfy their primary and
secondary needs through higher wages, shorter hours of work, and the various
employee benefits, such as vacation leave, sick leave, hospitalization, medical and
insurance plans.
Political objectives the political objectives are the means by which the union can promote its power and
prestige through:
1. Lobbying activities designed to secure the passage of favourable legislation and
opposing favourable proposed law
2. Supporting and campaigning for candidates for political offices who are friendly to
labor.
TYPES OF UNION
Industrial union Includes all workers in its rank in a particular firm or plant regardless of occupation
In a typical industrial union, machinist, carpenters, welders, utility men etc. all belong
to the same union.
Craft of union One in which membership is restricted to person working in the same trade or a
related occupation in the firm.
RIGHTS AND CONDITION OF MEMBERSHIP
1. No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor
3 LABOR MANAGEMENT RELATIONS (escalante-saac)

shall arbitrary, excessive or oppressive fine and forfeiture be imposed;


2. The members shall be entitled to full and detailed financial reports.
3. The members shall directly elect their officers, including those of the national union or federation, to which they
or their union is affiliated, by secret ballot at intervals of five (5) years.
4. The members shall determine by secret ballot, after due deliberation, any question of major policy affecting the
entire membership of the organization, unless the nature of the organization or force majeure renders such secret
ballot impractical, in which case, the board of directors of the organization may make the decision in behalf of the
general membership;
5. No person who has been convicted of a crime involving moral turpitude shall be eligible for election as a union
officer or for appointment to any position in the union;
6. No officer, agent or member of a labor organization shall collect any fees, dues, or other contributions in its
behalf or make any disbursement of its money or funds unless he is duly authorized pursuant to its constitution
and by-laws;
7. Every payment of fees, dues or other contributions by a member shall be evidenced by a receipt signed by the
officer or agent making the collection and entered into the record of the organization to be kept and maintained
for the purpose;
8. The funds of the organization shall not be applied for any purpose or object other than those expressly provided
by its constitution and by-laws or those expressly authorized by written resolution adopted by the majority of the
members at a general meeting duly called for the purpose;
9. Every income or revenue of the organization shall be evidenced by a record showing its source, and every
expenditure of its funds shall be evidenced by a receipt from the person to whom the payment is made, which
shall state the date, place and purpose of such payment. Such record or receipt shall form part of the financial
records of the organization.
10. The officers of any labor organization shall not be paid any compensation other than the salaries and expenses
due to their positions as specifically provided for in its constitution and by-laws, or in a written resolution duly
authorized by a majority of all the members at a general membership meeting duly called for the purpose. The
minutes of the meeting and the list of participants and ballots cast shall be subject to inspection by the Secretary
of Labor or his duly authorized representatives. Any irregularities in the approval of the resolutions shall be a
ground for impeachment or expulsion from the organization;
11. The treasurer of any labor organization and every officer thereof who is responsible for the account of such
organization or for the collection, management, disbursement, custody or control of the funds, moneys and other
properties of the organization, shall render to the organization and to its members a true and correct account of
all moneys received and paid by him since he assumed office or since the last day on which he rendered such
account, and of all bonds, securities and other properties of the organization entrusted to his custody or under his
control. The rendering of such account shall be made:
a) At least once a year within thirty (30) days after the close of its fiscal year;
b) At such other times as may be required by a resolution of the majority of the members of the organization; and
c) Upon vacating his office
12. The books of accounts and other records of the financial activities of any labor organization shall be open to
inspection by any officer or member thereof during office hours;
13. No special assessment or other extraordinary fees may be levied upon the members of a labor organization
unless authorized by a written resolution of a majority of all the members in a general membership meeting duly
called for the purpose.
14. Other than for mandatory activities under the Code, no special assessments, attorneys fees, negotiation fees or
any other extraordinary fees may be checked off from any amount due to an employee without an individual
written authorization duly signed by the employee. The authorization should specifically state the amount,
purpose and beneficiary of the deduction; and
15. Information on the provision of its constitution and bylaws, CBA, and other union affairs.
16. For this purpose, registered labor organizations may assess reasonable dues to finance labor relations seminars and
other labor education activities.
Local union Is one formed by employees in a particular company, plant or geographical area
Through the affiliated with the federation, the local union elects its own officers,
establishes its own rules and policies, and administers its own affairs without any
restrictions other than those imposed by the laws and policies of the federation to
which it is affiliated.
General union All positions in the rank and file are eligible to members.
Independent union If the union is not affiliated with any federation of unions.
Closed shop An agreement between a firm and a labor union whereby the employees covered by
the bargaining unit must be a member of the union in good standing during the life of
the agreement between the company and other union as a condition to initial as well
as continued employment, so long as the labor union is the authorized representative
of the employees in that firm.
Union shop Refers to an agreement between a firm and labor union whereby the former agrees
that its employee in the bargaining unit should, after a certain period, join the union
and remain members in good standing with that union in order to retain their jobs in
the company.
Strike The labor code defines strike as comprising not only od concerted work stoppage
but also slow-down, mass leave, sit-downs, attempts to damage, destroy or sabotage,
plant equipment and facilities, and similar activities.
Lockout Compromises shutdowns or the suspensions cessation of business operations in the
course or as a result of a deadlock in collective bargaining negotiation or a labor
dispute
Labor dispute Includes any controversy or matter concerning terms or conditions or employment of
the association or representation of person in negotiating, fixing, maintaining,
changing or arranging of terms and conditions of employment regardless of whether
or not the disputants stand in the proximate relations of employers and employees.
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Internal union dispute Includes all disputes or grievance arising from any violations of or disagreement over
any provision of the constitution and by-laws of a union, including any violations of
the rights of union membership provided for in this Code.
SOME OTHER SPECIFIC REASONS WHY UNIONS STAGE A STRIKE ARE:
1. To compel recognition of the union.
2. To exert pressure on the company during bargaining
3. To protest dismissal, transfer, layoffs, suspensions or other union vying for recognition
4. To exert pressure on union demands for wage increases and other benefits.
KINDS OF STRIKE
1. Unfair labor practice strike Such a strike is staged because management has allegedly committed or doing so an
act inimical to the interest of the union or of its members which falls under the
category of unfair labor practice as defined by the labor code.
2. Economic strike These strikes are usually staged to enforce demands for higher wages, overtime
benefits, differential pay, shorter working hours, wage adjustments and better
conditions of work.
3. Recognition strike This is a strike to force the employer to recognize and deal with the union
This type of strike usually arises when the union is new and the employer refuses to
recognizes the union as a legitimate collective bargaining unit.
It also arises, when two rival unions fight for supremacy and recognition
4. Jurisdictional strike When 3 or more unions collide as they secure the membership of and the
representation for employees in a plant or unit of a firm or in the control of specific
type of work, a jurisdictional strike may result.
5. Sit-down strike When the employees refuse to work but remain in the premises of the form, refuse to
leave the plant and machines, and not allow them to be operated by others.
6. Slow down This is a form of work stoppage in which employees deliberately reduce this industry
production.
7. Sympathy strike This is a term used when the employees in a company with which they have no labor
dispute stop work as a means of showing their support of a strike by another group
of employees working elsewhere
8. Wildcat strike This is a strike that is declared suddenly, quickly, unauthorized by the union
members, and contrary to the labor agreement.
Picketing Is the act of strikers in patrolling back and forth, carrying posters sign, and placards
in front of the companys premises under strike, particularly before the gates of the
public of the existence of a labor disputes
Picketers have no right to picket inside a factory or trespass on private property
Picketers may peacefully persuade persons to stop work but this must be done
peacefully as violence of any kind is illegal.
Aims in picketing To inform employees in the picketed firm about the strike, to persuade them to join
the strike, or prevent them from entering
To inform job applicants about the existence of the dispute with the establishments
and refrain from accepting employment there.
To persuade the picketed employer to grant the demands of the union.
To inform the public about the existence of a labor dispute in order to win their
sympathy and persuade them to refrain from patronizing the establishments.

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