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Collective bargaining agreement

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Collective Bargaining Negotiation process between labors and management in an organization

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Collective bargaining agreement

  1. 1. LABOR ORGANIZATIONS COLLECTIVE BARGAINING LABOR ORGANIZATIONS COLLECTIVE BARGAINING by: jennifer i. malabrigo
  2. 2. What is a labor organization? • A labor organization is any union or association of employees which exists in whole or in part for the purpose of collective bargaining or for dealing with employers concerning terms and conditions of employment. It is considered "legitimate" if duly registered with DOLE. What are the purposes of a labor organization? • (1) Collective bargaining; and • (2) Dealing with employers regarding the terms and conditions of the employment relationship. How is a labor organization registered? • The application for registration must be supported by at least 20% of the members of the bargaining unit What is a bargaining unit? • A "bargaining unit" is the group or cluster of jobs or positions that supports the labor organization which is applying for registration, within the employer’s establishment. What is a labor organization? • A labor organization is any union or association of employees which exists in whole or in part for the purpose of collective bargaining or for dealing with employers concerning terms and conditions of employment. It is considered "legitimate" if duly registered with DOLE. What are the purposes of a labor organization? • (1) Collective bargaining; and • (2) Dealing with employers regarding the terms and conditions of the employment relationship. How is a labor organization registered? • The application for registration must be supported by at least 20% of the members of the bargaining unit What is a bargaining unit? • A "bargaining unit" is the group or cluster of jobs or positions that supports the labor organization which is applying for registration, within the employer’s establishment.
  3. 3. What are the three categories of employees? a. Managerial employees; 1. Top management; 2. Middle management; and 3. First-line management. b. Supervisory employees; and c. Rank-and-file employees. What are the three categories of employees? a. Managerial employees; 1. Top management; 2. Middle management; and 3. First-line management. b. Supervisory employees; and c. Rank-and-file employees.
  4. 4. Employers Acts considered Unfair Labor Practices in National labor Relations Act • Interfering, restraining or coercing their workers • Dominating or seeking to control the union • Discriminating against workers for union activity • Discharging a worker who files a ULP or testifies to a ULP • Refuses to bargain in good faith with a duly elected union Union Acts considered illegal in National labor Relations Act • Coerce people to become union members • Use threats, intimidation , or violence • Force an employer to punish a worker because he/she doesn’t get along with the union • Charge excessive union dues • Refuse to bargain in good faith with the employer • Interfering, restraining or coercing their workers • Dominating or seeking to control the union • Discriminating against workers for union activity • Discharging a worker who files a ULP or testifies to a ULP • Refuses to bargain in good faith with a duly elected union • Coerce people to become union members • Use threats, intimidation , or violence • Force an employer to punish a worker because he/she doesn’t get along with the union • Charge excessive union dues • Refuse to bargain in good faith with the employer
  5. 5. Why People Join Unions • Perception of the work environment • Fairness issues • Wages and benefits • Job security • Beliefs about unions • Reduction in traditional union jobs and increase in white-collar jobs • Belief in evaluation based on individual contributions • Enlightened practices by companies • Employee’s fear of union’s power, membership costs and risk of strikes Reasons for Union Decline • Perception of the work environment • Fairness issues • Wages and benefits • Job security • Beliefs about unions • Reduction in traditional union jobs and increase in white-collar jobs • Belief in evaluation based on individual contributions • Enlightened practices by companies • Employee’s fear of union’s power, membership costs and risk of strikes
  6. 6. The reasons that Employers more powerful in the Bargaining Table than Unions and Workers • Economic Factors • Partly due to structural/system issues • Due to people problems • Influential with respect to the outcomes of collective bargaining • Are influenced by a union contract • Wages and benefits • May require certain behaviors and restrict others • May change each time a contract is negotiated Policies, Procedures, and Work Rules in Union Environment • Economic Factors • Partly due to structural/system issues • Due to people problems • Influential with respect to the outcomes of collective bargaining Source: A Study on Outcomes of Collective Bargaining in the Philippine manufacturing Industry, March 2004 • Are influenced by a union contract • Wages and benefits • May require certain behaviors and restrict others • May change each time a contract is negotiated
  7. 7. Union Rights • Negotiate with management in good faith concerning conditions of employment • Obtain data normally maintained by management that is reasonably available and necessary for full and proper discussion, understanding, and negotiation of the subjects appropriate for collective bargaining. • Have employees representing the union on official time when negotiating agreements with management • Be represented at certain discussions management may have with bargaining unit employees, including: Formal discussions; Certain examinations of employees. Two categories of management rights, 1. "mandatory" or reserved rights -right to determine mission, budget and internal security 2. "permissive" rights. - those rights Management Rights • Negotiate with management in good faith concerning conditions of employment • Obtain data normally maintained by management that is reasonably available and necessary for full and proper discussion, understanding, and negotiation of the subjects appropriate for collective bargaining. • Have employees representing the union on official time when negotiating agreements with management • Be represented at certain discussions management may have with bargaining unit employees, including: Formal discussions; Certain examinations of employees. Two categories of management rights, 1. "mandatory" or reserved rights -right to determine mission, budget and internal security 2. "permissive" rights. - those rights
  8. 8. STRIKES, LOCKOUTS AND PICKETING due to industrial or labor dispute Strike- temporary stoppage of work Forms of strikes: Legal, Illegal, Economic, ULP, Slow down, Wildcat, Sit down Lockout-temporary refusal of an employer to furnish work Peaceful Picketing- right of workers to peacefully march Valid grounds • CBA Deadlock • Unfair labor practice (ULP) Strike- temporary stoppage of work Forms of strikes: Legal, Illegal, Economic, ULP, Slow down, Wildcat, Sit down Lockout-temporary refusal of an employer to furnish work Peaceful Picketing- right of workers to peacefully march Strikes in FEU-NRMF in 1988
  9. 9. A well-managed company seeks: • a satisfactory return on investment • competitive costs • competitive prices to customers • long-term viability • satisfied and fulfilled employees • a good corporate image; and • a healthy sense of social responsibility A responsible union seeks: • fair and just wages for its members • employee benefits that provide a decent quality of life • economic security • economic progress together with company progress; and • respect for the worker as a human being The Government represented the public interest seek: • the prevention of social unrest and the attainment of industrial peace • the promotion of social progress • the control of inflation • taxes from healthy companies • elimination of unemployment • global competitiveness of the country; and • responsible use of natural resources FRAMEWORK FOR EFFECTIVE, WIN-WIN NEGOTIATIONS • a satisfactory return on investment • competitive costs • competitive prices to customers • long-term viability • satisfied and fulfilled employees • a good corporate image; and • a healthy sense of social responsibility • fair and just wages for its members • employee benefits that provide a decent quality of life • economic security • economic progress together with company progress; and • respect for the worker as a human being • the prevention of social unrest and the attainment of industrial peace • the promotion of social progress • the control of inflation • taxes from healthy companies • elimination of unemployment • global competitiveness of the country; and • responsible use of natural resources Reference: Principles of Negotiations a novel approach to Collective Bargaining by Soriano, E.V. (1995)
  10. 10. Four Basic Guidelines in the Process of Negotiations 1. Personalities must be separate from the problem 2. Interests must be the focus, not positions 3. Options and alternatives must be considered before decisions are made 4. Criteria and other objective standards must be the basis for evaluating claims 1. Personalities must be separate from the problem 2. Interests must be the focus, not positions 3. Options and alternatives must be considered before decisions are made 4. Criteria and other objective standards must be the basis for evaluating claims Reference: Getting to Yes: Negotiating agreement without Giving in, by Fisher, R. and Ury W. (1983)
  11. 11. Collective Bargaining Guidelines for an Employee Handbook • Keep it simple and current • Pay heed to necessary legalities • Distinguish between Company- wide policies and job specifies. • Accommodate multilingual requirements. • Control distribution • Pay attention to the look Guidelines for an Employee Handbook • Keep it simple and current • Pay heed to necessary legalities • Distinguish between Company- wide policies and job specifies. • Accommodate multilingual requirements. • Control distribution • Pay attention to the look
  12. 12. CBA IN FEU-NRMF BEFORE 1996 [Signing of Agreement]
  13. 13. CBA IN FEU-NRMF TODAY 2006 [Signing of Agreement]
  14. 14. TERMS OF CBA Representation aspect [sole and exclusive status of certified union]: 5 Years Term– no petition questioning shall be entertained by DOLE • 1st 3 years : economic and non-economic issue • 4th-5th years: economic issue Representation aspect [sole and exclusive status of certified union]: 5 Years Term– no petition questioning shall be entertained by DOLE • 1st 3 years : economic and non-economic issue • 4th-5th years: economic issue
  15. 15. Last CBA in FEU-NRMF ECONOMIC ISSUE • Leaves • Medical & Dental Out-Patient Treatment • Free Hospitalization • Educational Benefits • Retirement Benefits • Death Benefits • Uniforms • Salary Increase and Allowances NON-ECONOMIC • Union Recognition • Union Security • Management Prerogative • Probationary Period • Check off, Agency fee and other Special Assessments • Grievance Procedure • Labor Mgmt Relation Committee • General Provisions • No Strike—No Lockout • Complete Settlement or Waiver • Printing and Distribution of Agreement • Family Planning • Effectivity • Leaves • Medical & Dental Out-Patient Treatment • Free Hospitalization • Educational Benefits • Retirement Benefits • Death Benefits • Uniforms • Salary Increase and Allowances • Union Recognition • Union Security • Management Prerogative • Probationary Period • Check off, Agency fee and other Special Assessments • Grievance Procedure • Labor Mgmt Relation Committee • General Provisions • No Strike—No Lockout • Complete Settlement or Waiver • Printing and Distribution of Agreement • Family Planning • Effectivity
  16. 16. The country’s labor market performance in April 2010 was mixed, latest results of the Labor Force Survey (LFS) of the National Statistics Office (NSO) indicate. Strong employment growth occurred in the industry (7.8%) and service (4.7%) sectors but these gains were nearly negated by the slump in the combined agriculture, fishery and forestry sector (-6.5%) that has been struck by the severest drought in recent years. Meanwhile, a mark improvement in the quality of employment was noted. Expansion occurred largely among wage and salary workers (6.1%) and persons in fulltime employment (9.5%) while decline occurred among persons in part-time employment (-9.6%) and unpaid family workers (-9.2%). Unemployment rate was up from 7.5% a year ago to 8.0% but this was offset by the decline in underemployment rate from 18.9% to 17.8%. Over the same period, the labor force participation rate (LFPR) was down slightly from 64.0% to 63.6%. Vol. 14 No. 36 Updates July 2010 HIGHLIGHTS OF THE APRIL 2010 LABOR FORCE SURVEY Bureau of Labor and Employment Statistics The country’s labor market performance in April 2010 was mixed, latest results of the Labor Force Survey (LFS) of the National Statistics Office (NSO) indicate. Strong employment growth occurred in the industry (7.8%) and service (4.7%) sectors but these gains were nearly negated by the slump in the combined agriculture, fishery and forestry sector (-6.5%) that has been struck by the severest drought in recent years. Meanwhile, a mark improvement in the quality of employment was noted. Expansion occurred largely among wage and salary workers (6.1%) and persons in fulltime employment (9.5%) while decline occurred among persons in part-time employment (-9.6%) and unpaid family workers (-9.2%). Unemployment rate was up from 7.5% a year ago to 8.0% but this was offset by the decline in underemployment rate from 18.9% to 17.8%. Over the same period, the labor force participation rate (LFPR) was down slightly from 64.0% to 63.6%.

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