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COLLECTIVE BARGAINING
You would notice that it not just enough for the employees to organize a
union, not enough for the union to be registered; it is further required that the
union apart from being registered and being a LLO should be RECOGNIZED
OR CERTIFIED as collective bargaining agent
WHO CAN BE RECOGNIZED OR CERTIFIED AS CB AGENT?
Art 267
COLLECTIVE BARGAINING IS A MUTUAL OBLIGATION
Apart from that, CB does not compel any party to agree to a proposal or to
give concession to the other CB merely obliges the ER and CB rep to
meet in GF for the purpose of negotiating a CBA
So, all that is required is for the parties to meet with an open mind and make
effort to reach an agreement
WHEN WILL AN ER BE OBLIGED TO BARGAIN COLLECTIVELY? WHEN WILL
THE DUTY TO BARGAIN COLLECTIVELY ARISE/EXIST?
3.
An employer who refuses to sit down with a LO who is not the exclusive BR
= X ULP by employer
???
COLLECTIVE BARGAINING UNIT
X the union
Example 1:
o
In a company, it is common for it to have three types of employees:
Managerial
Supervisory
Example 2:
o
In a school, teaching personnel and non-teaching personnel
o
Of course, all of them are rank and file but they cannot be in one
BU
o
1 BU for the teaching personnel
o
1 BU for the non-teaching personnel
Example 3:
o
In an airline, ground personnel, cabin crew, pilots
o
1 BU for ground personnel
o
1 BU for cabin crew
o
1 BU for pilots
WHY?
o
Because the employees do not share mutual interest.
o
Pilots have different interests from that of ground personnel
Example of INAPPROPRIATE BU
o
Mixture of supervisors and R&F because they cannot be lumped
together in one union
But the mere fact that a certain group of employees have different functions
from another group of employees does not warrant the creation of different
BU because it is the nature of a corporation to have different groups with
different functions
TOYOTA MOTORS
o
Supervisors and R&F employees union formed = BU =
inappropriate
PHILIPPINE PHOSPHATE
o
Union sought to be certified as the union for supervisors
o
But out of 360 employees sought to be represented, only 125 are
supervisors. The rest are non-supervisors performing technical
function
o
Held:
Inappropriate BU
MEDICA CORPORATION
o
Employees sought to represent livestock division and cinema
division
o
Held:
NO!
Inappropriate BU
Such as:
o
Similarity of work and duties
o
Similarity of working conditions
o
ALHAMBRA CIGAR CASE
Packing department
Cigar department
Engineering Department
Sales department
???
???
???
SC:
SC:
3.
4.
Main consideration is
PLASLU vs CIR
o
During the certification election, 242+ ballots were questioned by
PLASLU on the ground that they were cast by non-regular
employees
o
242 were in favor of AWA
o
SC:
NAFTU CASE
o
Sawmill division and logging division were considered as 2
different BU
o
There came a time when another union filed a petition for CE
among the R&F employees of the sawmill and logging division
A certification election was conducted
o
SC:
Because if there are too many unions in the company, it weakens the
bargaining power of the unions
Exceptions:
1. Supervisors organize themselves in a separate union from the rank and
file
2. When the employer unit has to give way to other bargaining units such
as craft units
Because if there are too many unions in the company, it weakens the
bargaining power of the unions
NO!
Magnolia division
_____
_____
o
When the CBA expired, the San Miguel employees association still
wanted to include Magnolia and San Mig Foods
o
SC: