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1 Azucena, The Labor Code with Comments and Cases, 8th ed., Vol II-A and Vol II-B, p17
2 Labor Code of the Philippines, Art. 256
Therefore, the laborers are given freedom to elect their own officers to
negotiate terms of the collective bargaining agreement with the employers.
The union is the tool for the workers to exercise their constitutional right to
participate in policy-making.
In addition, the State also recognized the various modes of labormanagement interactions that it has incorporated Article 266 of the Labor
Code which authorizes the creation of a labor management council 21 and
Article 291 which deals with management cooperation programs 22. Also,
Department Order No. 40, series of 2003, which allows the formation of
Workers Association for the mutual aid and protection of its members or
for any legitimate purpose other than collective bargaining23.
As such, the State has widened the avenue for laborers to be able to
exercise their constitutional right to take part in policy-making for their
welfare.
Moreover the Supreme Court recognized the paramount importance
of the right to unionize to enable to be on equal footing with the
management so as not to compromise the welfare of the workers. It is the
policy of the State to promote unionism to enable the workers to negotiate
with management on the same level and with more persuasiveness than if
they were to individually and independently bargain for the improvement of
their respective conditions. To this end, the Constitution guarantees to them
the rights to self-organization, collective bargaining and negotiations and
peaceful concerted actions including the right to strike in accordance with
law.24.
Conciliation, Mediation and Arbitration are considered as the
Alternative Dispute Resolution. These are modes for expeditious resolution
of labor disputes. These are under the jurisdiction of the National
Conciliation and Mediation Board to ensure that the rights to organize and
voluntary negotiation are dealt with expeditiously without sacrificing the
substantive rights of the laborers.
E.O. 126 created the National Conciliation and Mediation Board which
absorbed the conciliation, mediation and voluntary arbitration functions of
the Bureau of Labor Relations.
Section 22 provides for the Boards
functions:
1.
Formulate policies, programs, standards,
procedures, manuals of operation and guidelines pertaining
to effective mediation and conciliation of labor
disputes;
2.
Perform
preventive
mediation
and
conciliation functions;
21 Labor Code of the Philippines, Art. 266
22 Id, Art. 291
23 Department Order No. 40, Series of 2003
24 BPI v. BPI Employees Union Davao Chapter, 627 SCRA 590
3.
Coordinate and maintain linkages with
other sectors or institutions, and other government
authorities concerned with matters relative to the prevention
and settlement of labor disputes;
4.
Formulate
policies,
plans,
programs,
standards, procedures, manuals of operation and guidelines
pertaining to the promotion of cooperative and nonadversarial schemes, grievance handling, voluntary
arbitration and other voluntary modes of dispute
settlement;
5.
Administer
the
voluntary
arbitration
program; maintain/update a list of voluntary arbitrations;
compile arbitration awards and decisions;
6.
Provide
counselling
and
preventive
mediation assistance particularly in the administration of
collective agreements;
7.
Monitor and exercise technical supervision
over the Board programs being implemented in the regional
offices; and
8.
Perform such other functions as may be
provided by law or assigned by the Minister.25
Recently, there has been a movement towards the utilization of a
grievance machinery in order to expedite proceedings of labor disputes.
Republic Act 6715 now provides for the mandatory use of the grievance
machinery as a prerequisite step to voluntary arbitration of disputes arising
from CBA interpretation and implementation, as well as those disputes
arising from the interpretation and enforcement of company personnel
policies. Article 262 of the Labor Code, before it was amended by Republic
Act 6715, merely provided that . . . (whenever) a grievance arises from the
interpretation
or implantation of a collective agreement including
disciplinary actions imposed on members of the bargaining unit, the
employer and the bargaining representative shall meet to adjust the
grievance.
Secondly, it is now the policy of the State to encourage voluntary arbitration
of all labor-management disputes other than those arising from the
interpretation and implementation of collective bargaining agreement and
company personnel policies. This policy is operationalized by the following
provisions:
A.Article 260 of the Labor Code, as amended by Republic Act 6715,
which provides that All grievances submitted to the grievance machinery
which are not settled within seven (7) calendar days from the date of its
submission shall automatically be referred to voluntary arbitration
prescribed in the CBA. The seven calendar days shall be reckoned from the
25 Executive Order No. 126
date the grievance is submitted to the last step in the grievance machinery
immediately prior to voluntary arbitration.
B.Article 261, which provides for the original and exclusive
jurisdiction of voluntary arbitrators over unresolved grievances arising from
the interpretation or implementation of the CBA and those arising from the
interpretation or enforcement of company personnel policies. With this
amendment, the original and exclusive jurisdiction of voluntary arbitrators
has been tremendously expanded.
C.Article 261 provides that CBA violations are to be treated as
grievances instead of unfair labor practice acts except when the violation is
gross, meaning, it involves flagrant and/or malicious refusal to comply with
the economic provisions of the CBA.
D.The same article enjoins the NLRC, its Regional Arbitration
Branches, and the Regional Directors of the Department of Labor and
Employment from entertaining disputes, grievances or matters under the
exclusive and original jurisdiction of the voluntary arbitrator. If any of such
cases it filed before them, they have to immediately dispose and refer the
same to the grievance machinery or voluntary arbitrator provided in the
CBA.
E.Moreover, under Article 262, upon agreement of the parties,
voluntary arbitrators may also hear and decide all other labor disputes
including unfair labor practices and bargaining deadlocks.
F.Lastly, in case issues arising from CBA interpretation and
implementation or those arising from the interpretation or enforcement of
company personnel policies are made as grounds for notices of strikes or
lockouts or requests for preventive mediation, the NCMB shall advise the
parties to submit the issue/s to voluntary arbitration (Rule XI, Section 2,
Implementing Rules, Labor Code).26
Through the methods provided for by law, the mode of collective bargaining
agreements and unionism has paved the way to empower the laborers to
exercise their constitutional right. The rise of labor unions has enabled the
workers to take a stand for their rights and to fight against the unilateral
powers of the management.
4. Partnership Between the Department of Labor and Employment
and the Philippine National Police
ILO Convention No. 98, Article V provides:
1. The extent to which the guarantees provided for in this
Convention shall apply to the armed forces and the police
shall be determined by national laws or regulations.
2. In accordance with the principle set forth in paragraph
8 of Article 19 of the Constitution of the International
26 Trends on Voluntary Arbitration, 263 SCRA 372 (1996).