Collective Bargaining Agreement

Question 1

What is a Collective Bargaining Agreement?

Answer 1

It is a CONTRACT executed upon the request of either the employer and the exclusive bargaining representative of the employees incorporating the agreement reached after negotiation with respect to WAGES, HOURS OF WORK, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT, INCLUDING PROPOSALS FOR ADJUSTING ANY GRIEVANCES OR QUESTIONS UNDER SUCH AGREEMENT.

Question 2

WHAT IS THE FIRST PROCEDURE IN COLLECTIVE BARGAINING

Answer 2

WRITTEN NOTICE WITH STATEMENT OF PROPOSALS

Question 3

WHAT ARE THE PROCEDURE IN COLLECTIVE BARGAINING

Answer 3

1. Written NOTICE with a statement of proposals
2. REPLY by the other party within 10 calendar days with counter-proposals
3. If not settled, NCMB may intervene and encourage the parties to submit the dispute to a voluntary arbitrator
4. If not resolved, the parties may go to where they want and resort to any other lawful means [either to settle the dispute or submit to a voluntary arbitrator.

Question 4

What are the mandatory provisions of the CBA

Answer 4

1. Wages
2. Hours of work
3. Grievance machinery
4. Voluntary arbitration
5. Family Planning
6. Rates of Pay
7. Mutual observance clause

Question 5

TRUE OR FALSE: Any union can sit with the employer for a negotiation

Answer 5

FALSE. Only the Collective Bargaining Agent

Question 6

True or False: Provisions in the CBA should not be contrary to law, morals, good customs, public order, or public policy.

Answer 6

TRUE

Question 7

After signing the CBA, what is the next step?

Answer 7

Posting of signed CBA, 5 days in 2 conspicuous space

Question 8

What is the legal effect if the CBA was not posted at 2 conspicuous spaces for 5 days?

Answer 8

It will be considered null and void.

Question 9

What is the next step of posting the CBA?

Answer 9

Ratification of the CBA by the employees

Question 10

Requisites for the CBA Registration

Answer 10

3 copies of CBA (1 original, 2 duplicates)
Joint Affidavit by the union and the employer – a statement that the CBA was posted in 2 conspicuous places and it was ratified by the employees (It should be notarized for it to be a verified proof)

Question 11

When can you file a Certification Election

Answer 11

During the Freedom Period

Question 12

What may be done during the 60-day freedom period?

Answer 12

A. Disaffiliation of the labor union to the mother union
B. Either party can serve a written notice to terminate or modify the provision in CBA
C. A petition for Certification Election may be filed

Question 13

Explain the Automatic Renewal Clause (Article 264)

Question 14

TRUE OR FALSE. While a valid and registered CBA is subsisting, the Bureau is allowed to hold an election contesting the majority status of the incumbent union

Answer 14

FALSE. The Bureau is not allowed to hold an election while there is a subsisting valid and registered CBA.

Question 15

Where do you file the CBA? If denied, where can you appeal it?

Answer 15

File it before the DOLE Regional Office. If denied, appeal it to the BLR. If the BLR denies it, file it before the Secretary of Labor.