CHAPTER 5: COLLECTIVE BARGAINING Flashcards
COLLECTIVE BARGAINING
The process by which workers collectively negotiate
agreements with their employers. It takes place where workers are collectively organized in a trade union that negotiates on their behalf with a management that recognizes the union’s right to represent their members.
COLLECTIVE BARGAINING
Process of by which an employer and an employee
negotiate an individual contract of employment, regulating the terms and conditions of employment.
INDIVIDUAL BARGAINING
Collective bargaining has been around since
WW II
STRENGTH OF COLLECTIVE BARGAINING
- Can lead to high-performance workplace where labor and management jointly engage in problem solving, addressing issues on an equal standing.
- Provides legally based bilateral relationship.
- Management’s rights are clearly spelled out.
- Employers’ and employees’ rights protected by binding collective bargaining agreement.
- Multi-year contracts may provide budgetary predictability on salary and other compensation issues.
- Unions may become strong allies in protecting higher education from the effects of an economic slowdown.
- Promotes fairness and consistency in employment policies and personnel decisions within and across institutions.
- Employees may choose whether they want union representation.
- A strong labor-management partnership may enable the workforce
development needed for engaging the technology revolution.
Discussion between two or more disputants who are trying to work out a solution to their problem.
This interpersonal or inter-group process can occur at a personal level, as well as at a corporate or international (diplomatic) level.
NEGOTIATION
COMMON ISSUES IN NEGOTIATIONS
- Lack of Preparation
- Poor Communication
- Emotional Reactions
- Cultural Differences
- Unrealistic Expectations
- Power Imbalance
An obligation to carry out that duty in “good faith”
devolved upon labor organizations
DUTY TO BARGAIN
COLLECTIVELY
The Labor Code prescribes the procedure
to be observed in collective bargaining:
- Party shall serve a writte notice with statements of their proposal. Other party shall make a reply not later than 10 days.
- Request conference when differences arise, shall begin not later than ten days after the request date.
- Bureau of Labor Relations shall intervene upon request of both parties or own initiative. Duty of both parties to fully participate in every meeting.
- During Conciliation proceedings in the Bureau, both parties are prohibited from doing any act that may disrupt or impede early settlement of the dispute.
KEY NEGOTIATION TECHNIQUES
- Preparation
- Active Listening
- Clear Communication
- Finding Common Ground
- Problem-Solving Approach
- BATNA
A process of determining through secret ballot the sole and exclusive bargaining agent (SEBA) of all the employees in an appropriate bargaining unit for the purpose of collective bargaining.
PETITION FOR CERTIFICATION
ELECTION (PCE)
MANGGAGAWA NG KOMUNIKASYON SA PILIPINAS AND ANTONIO L. CRUZ VS. NLRC AND PLDT (1992)
Issue: Whether Cruz is entitled to financial assistance.
Ruling:
Under jurisprudence, an employee dismissed for serious misconduct or fraud is not entitled to financial assistance, as these are grave offenses under labor laws.
The Supreme Court ruled that Cruz was not entitled to financial assistance, as his dismissal was due to serious misconduct (fraudulent reinstallation of telephone service).
The ruling aligns with the principle that financial assistance is only given in cases of termination due to redundancy, retrenchment, or other valid causes not involving serious misconduct or fraud.
Conclusion:
Cruz was validly dismissed, and PLDT was correct in challenging the financial assistance grant.
Employees dismissed for just causes, particularly fraud or serious misconduct, are not entitled to financial assistance.
Can collective bargaining lead to a high-performance workplace where labor and management jointly engage in problem-solving, addressing issues on an equal standing?
True – Collective bargaining fosters a high-performance workplace by encouraging labor and management to collaborate in solving workplace issues. It creates a sense of partnership and ensures both parties have equal standing in negotiations.
Does collective bargaining provide a legally based bilateral relationship?
True – Collective bargaining establishes a legally binding bilateral relationship between labor (employees/unions) and management (employers). The agreements reached are enforceable under labor laws.
Are management’s rights clearly spelled out in a collective bargaining agreement?
False – While collective bargaining can define some aspects of management’s rights, it does not always clearly spell out all of them. Employers retain certain rights unless limited by the agreement, and disputes may arise over interpretation.
Are employers’ and employees’ rights protected by a binding collective bargaining agreement?
True – The Collective Bargaining Agreement (CBA) is legally binding and protects both employers’ and employees’ rights, ensuring fair wages, benefits, and working conditions.
Can multi-year contracts provide budgetary predictability on salary and other compensation issues?
True – Multi-year contracts in CBAs provide budget stability, allowing employers to plan for salaries and benefits over time, reducing financial uncertainty.
