Labor Relations _M_ Collective Bargaining: Negotiations and Agreement Flashcards
What is collective bargaining?
The process where a labor union) negotiate with an employer
to reach an agreement on terms and conditions of employment.
General Principles of Bargaining
Standard of Conduct must have GOOD FAITH in bargaining - discuss
There must be EARNEST EFFORTS towards a compromise ACCEPTABLE to BOTH parties.
Surface Bargaining
Surface bargaining is a tactic employed by employers who appear to be negotiating in good faith but have no genuine intention of reaching an agreement. This often involves delaying tactics, making unreasonable demands, or providing insufficient information. The goal is to wear down the union or employees without making concessions.
Key characteristics: Lack of genuine intent, delaying tactics, unreasonable demands.
Impact: Erodes trust, prolongs negotiations, and can lead to industrial disputes.
Individual Bargaining
Individual bargaining involves negotiations between an employer and an individual employee over terms and conditions of employment. This approach undermines the collective strength of employees and can lead to disparities in wages, benefits, and working conditions.
Key characteristics: Negotiation on an individual basis, lack of collective power.
Impact: Potential for wage inequality, decreased job security, and weakened employee rights.
Union security clause
Define and discuss types
A union security clause is a provision in CBA that specifies the level of support employees must provide to a union as a condition of employment.
This clause aims to protect the union’s stability and financial resources by ensuring that all employees contribute to its operations.
Closed shop: Must be union member BEFORE hire.
Open shop: No union membership required, optional
Union shop: Must join union AFTER hire.
Agency shop: Must pay union fees but not join.
What is Unfair labor practices?
What is the nature of this ULP?
Unfair labor practices Refer to acts
committed by employers or labor unions
that violate the rights of workers or employers,
respectively, to self-organization and collective bargaining.
It is a violation of the Civil rights of Labor and Management
Also, it is a CRIMINAL OFFENSE against the State.
However, no criminal prosecution for ULP may be filed WITHOUT a Final Judgment finding that ULP was committed.
State ULP in Collective bargaining
Bargaining in Bad faith - either by individual bargaining or Surface bargaining
Refusal to Bargain
Gross violation of CBA provisions, malicious refusal to comply
ULP of Employers Art 259
To coerce employees in the exercise of their right to self-organization
To require as condition of employment that an employee shall NOT JOIN a labor union
To violate CBA
To discriminate against an employee for the exercise of right to self organization
ULP of LLO
To coerce employees in the exercise of their right to self-organization
To cause an employer to discriminate against an employee
To violate CBA
Q: A company implements a new policy requiring all employees to sign individual contracts that prohibit them from joining any labor union. Several employees refuse to sign and are subsequently terminated. Which of the following best describes this situation?
A) This is a legitimate company policy to ensure employee loyalty
B) This is an unfair labor practice violating employees’ right to self-organization
C) This is legal as long as the company provides higher wages to non-union employees
D) This is permissible if approved by the Department of Labor and Employment
Answer: B) This is an unfair labor practice violating employees’ right to self-organization
Legal Reasoning: Under Philippine labor law, specifically Article 248 of the Labor Code, it is an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of their right to self-organization. Requiring employees to sign contracts prohibiting union membership and terminating those who refuse directly violates this provision and the constitutional right to form and join labor unions.
Q: During a certification election, Union A promises to secure job promotions for all members who vote for them as the exclusive bargaining representative. Is this action legal?
A) Yes, it’s a legitimate campaign promise
B) No, it’s an unfair labor practice involving fraud or coercion
C) Yes, as long as they follow through on the promise if elected
D) No, but only if other unions file a formal complaint
Answer: B) No, it’s an unfair labor practice involving fraud or coercion
Legal Reasoning: This action would likely be considered an unfair labor practice by the union under Article 249 of the Labor Code. Promising job promotions in exchange for votes can be seen as a form of coercion or fraud in the conduct of union affairs, particularly during a certification election. Such practices undermine the integrity of the election process and the principle of free choice in selecting a bargaining representative.
Q: A collective bargaining agreement (CBA) includes a provision requiring all employees to join the union within 30 days of employment or face termination. What type of union security clause is this?
A) Closed shop
B) Union shop
C) Maintenance of membership
D) Agency shop
Answer: B) Union shop
Legal Reasoning: This provision describes a union shop clause, which is one type of union security arrangement allowed under Philippine labor law. In a union shop, employees are not required to be union members to be hired, but must join the union within a specified period after employment (in this case, 30 days) to retain their job. This differs from a closed shop (where union membership is required before hiring), maintenance of membership (where employees who are already union members must maintain their membership), and agency shop (where non-union members pay fees but aren’t required to join).
These questions test understanding of key concepts in Philippine labor law, including unfair labor practices and union security arrangements, which are crucial for maintaining fair and balanced labor-management relations.
