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Signatory labor agreement

hello welcome back to labor relations law now we have finished discussing title 1 title 4 title 5 in title 6. now we will proceed with title 7 regarding collective bargaining and administration of agreements so title 7 collective bargaining and administration of agreement now first is we need to define what is collective bargaining now it is defined as a democratic framework to stabilize the relation between labor and management to create a climate of sound and stable industrial peace it is a mutual responsibility of the employer and the union and their legal obligation so in other words collective collective bargaining is the negotiation between the employer on one hand and the employees represented by the reunion on the other hand for in order to agree upon or to determine what are the terms and conditions of employment now let us proceed to the phases of collective bargaining now first pace phase is the negotiations of the contract or the legislative phase next is the administration of the contract or the executive phase third is the interpretation or application of the contract or the judicial phase so it's similar to the the the structural organization of our government which has the legislative branch the executive branch and the judicial branch so in the legislative phase that is where the negotiations of the uh collective bargaining agreement happen okay so the parties in the negotiations determine or negotiate what should be the terms and conditions that should be included in the collective bargaining agreement now upon coming up with the collective bargaining agreement the terms and conditions are thereafter be executed or applied so that is now the administration or of the contract phase or the ex the executive phase now if there are questions regarding the interpretation or applications of the terms and conditions of the contract or when there are disputes as to how the terms and conditions of the collective bargaining agreement should be applied then it could be interpreted for the parties so it is called the judicial phase now in common usage as well as in legal terminology collective bargaining denotes negotiations looking forward to a collective agreement however a as we have discussed the collective bargaining does not end with the execution of the agreement so it does not end after the parties have come up with the collective bargaining agreement okay collective bargaining agreement collective bargaining is a continuous process it requires both parties the employer and duly authorized representatives of employees to deal with each other with open and fair minds and sincerely endeavor to fight the obstacles in the process to stabilize employ your employee relationship now let us define what is a collective bargaining agreement or cba in short now it refers to a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations 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 so the cba is the contract or the agreement that has that the parties will come up after the negotiation so but remember that ecba is more than a contract okay so it's not just a contract it is a generalized code to govern a myriad of cases which the parties cannot entirely anticipate it covers the whole employment relationship and describes the rights and duties of the parties so it's the cba is a system of industrial self-government with the grievance machinery at the very heart of the system the parties solve their problems by molding a system of private law for all the problems which may arise and to provide for the resolution in a way which will generally accord the needs and desires of the parties but there are certain requisites or conditions before collective bargaining may proceed okay so these are called the juris jurisdictional preconditions of collective bargaining or what we call the theocloid doctrine so it's called doctrine because it came from a case decided by the supreme court uh entitled yokloy versus nlrc gr number five four three three four so this preconditions are the requirements before collective bargaining or negotiations are can be conducted okay so first is the possession of the status of majority representation of the employee's representative in accordance with any of the means of selection or designation provided for by the labor code now so it means that the labor the legitimate labor organization or the union must be a certified collective bargaining representative certification election okay and then the second precondition is a proof of majority representation so hindi language my possession of status of majority representation agreement majority representation status okay so according to rotenberg an author of a commentary and an author of a labor relations law that uh as a natural consequence of this precondition and that is the possession of status of the status of majority representation is that the employer has the right to demand does the asserted bargaining agent proof of its representation of its employees okay so the employer though i may write to demand that the the union who wants to represent the employees proof of its possession of the status of majority representation okay so having the right to demonstration of this fact it is not an unfair labor practice for an employer to refuse to negotiate until the asserted bargaining agent has presented reasonable proof of majority representation it is necessary however that such demand may be made in good faith and not merely as a pretext or device for delay or evasion and now the la and for the last precondition is a demand to bargain under article 261 paragraph a so under that um article 261 paragraph a so before the employer may collectively bargain with the collective bargaining representative the employee or or the union must make a demand to the employer to start the collective bargaining to start the collective bargaining okay so an employer's duty to recognize and bargain collectively with a union as the collective bargaining representative of his employees does not arise until after the union request the employer to bargain hence an employer is not in default respecting the duty to bargain until a requester for has been named okay so now let us proceed to the procedure in collective bargaining so it is provided in article 261 of the labor code now when a party desires to negotiate an agreement it shall serve a written notice upon the other party with a statement of its proposals the other party shall make a reply there to not later than 10 calendar days from receipt of such notice okay so this is the uh what we refer the demand to collectively bargain so young third precondition okay okay remember the third precondition the demand to bargain okay so the the union now will now send send a letter to the employer with its proposals and that is the start of the collective bargaining or the negotiations now when should the collective bargaining start now um the collective bargaining or the negotiation should start within 12 months following the determination and certification of the employee's exclusive bargaining representative within which the collective bargaining okay within which the collective bargaining should begin so the collective bargaining should begin within 12 months from uh from the election of the collective bargaining representative so that that 12-month period is what we call the certification year now should differences arise on the basis of such notice and reply either party may request for a conference which shall not which shall begin not later than 10 calendar days from the date of the request so it is oh it's really possible that there would be um differences or hindi so in that case a conference should be held now if on the conference the dispute is not settled the board or the board here refers to the national consolidation and mediation board the ncmb shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to consolidation meetings the board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings and it shall be the duty of the parties to participate fully and promptly in the consolidation meetings the board may call during the consolidation proceedings in the board the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes and the board shall exert all efforts to settle the disputes amicably and encourage the parties to submit their case to a voluntary arbitrator so again if there are proposals okay here when the proposals and there are offers in the proposals or in the reply which are not acceptable to the parties a conference may be requested by either party okay in order to settle that unacceptable terms in the proposals here or in the reply now if it is not settled in the conference the ncmv or the national consolidation administration board will intervene and call the parties to a consolidation meetings okay so that is more or less the procedure in collective bargaining now let us proceed to the duty to bargain collective collectively so okay so this is its definition okay it is the performance of mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession okay so when there is a collective bargaining agreement the duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime so that is the meaning of the duty to bargain collectively so take note that again take note that while this duty to bargain collectively imposes an obligation to the parties to meet and convene [Music] with each other in order to bargain collectively bargain the terms and conditions that are to be included in the collective bargaining agreement the duty does not include the or does not compel the parties to agree to every proposals of terms and conditions that are raised okay so if it is unacceptable for one of the parties or the offer of one of the parties is unacceptable to the other then such other party cannot be compelled to accept such proposals so this duty to war game or to collectively bargain may be violated it is one it is considered as one of the unfair labor practices defined under the labor code now the first uh violation would be the failure or refusal to bargain now this happens when uh the the union has already sent a notice or demand to bargain to the employer and the employer just ignores such demand so that such act of ignoring the demand of the union can be considered as failure or refusal to bargain okay so that failure or refusal to bargain is considered as since it is considered as a violation of the duty to bargain then it is an unfair labor practice next is uh evading the mandatory subjects of bargaining okay so what is this okay so this are the examples of mandatory subjects of bargaining wages and other types of compensation including merit increases working hours and working days including work shifts vacations and holidays bonuses pensions and retirement plans seniority transfer layoffs employee workloads work rules and regulations rent of company houses union security agreements now if the employer or the union the labor organization uh evades or refuses to bargain on this subjects then they are deemed to have evaded the mandatory subjects of bargaining which is considered as a violation of duty of the duty to bargain and as a an unfair labor practice okay so [Music] essentially this evading the mandatory subjects of bargaining can be considered as a bad fit in bargaining okay so so next violation is bad fit in bargaining so an example of this bad faith in bargaining is or are surface bargaining and blue sky bargaining surface bargaining is a sophisticated pretense in the form of apparent bargaining or going through the motions of negotiating without any legal intent to reach an agreement so the employer example would be an employer sitting in the negotiation table but um the employer really has no intention to agree or to accept any proposal from the union so that is service agree to the to any of the proposals that are uh sent by the union okay so another is blue sky bargaining is making exaggerated or unreasonable proposal so usually are the labor organizations or the union so when they demand or they propose a very high uh um benefits for the employees that would be impossible for the employer to cope up with then that could be considered as a blue sky bargaining and the last is the employers act of negotiating with union members individually that is called bulwarism so next is the terms of a collective bargaining agreement so if we say term okay it refers to the period of the effectivity of the collective bargaining agreement okay so the the length of time as to which the collective bargaining agreement is effective so uh here the collected by the terms of the collective bargaining is divided into two so the representation aspect and the all other provisions of the cpa as for the representation aspect okay which refers to the um refers to the identity and majority status of the union that negotiated the collective bargaining agreement so for the representation aspect the term of that the collective bargaining agreement is five years okay but uh take note of this rule the contract bar rule that no petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the department of labor and employment outside the 60-day period immediately before the date of expiry of such five-year term of the collective bargaining agreement okay so this 60-day period within which the petition for certification election may be filed is what we call the freedom period okay so to illustrate this representation aspect contract bar rule and freedom period okay so this we have this okay so the representation aspect of the cba would be five years okay this whole green here is for the five years now the 60 days so this the end here is the expiration of the representation aspect the term of the representation aspect of the collective bargaining agreement the end of this green now the 60 days before the end or the expiry of the representation aspect is what we call the freedom period so during a period okay this is the only time within which the certification election may be filed so hindi puede nadito e file okay before 60 day 60 days to a file and petition for certification election or after the 60 days of this certificate of the representation aspect 60 days then the the collect the terms of the collective bargaining agreement should continue to remain enforced or renewed okay and another five years would be should be waited again before a certification election can be conducted okay so for the all other provisions of the collective bargaining agreement okay those provisions not included in the representation aspect the terms and conditions of employment etc are shall have a term of three years now an an important rule provided in the uh labor code or under title seven is this prohibition against injunction okay so no temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity except as otherwise provided in articles 225 and 278 of the labor code so that is the general rule indeed in any labor dispute okay okay so the labor injunction is an employer's most effective remedy in a labor dispute however narrow its scope and form the issue once of an injunction is for any purpose in a labor dispute will generally tip the scales of the controversy the ensuing of an injunction in the early phases of a strike can critically sway the balance of economic struggle against the union enforced by the court's contempt powers even a preliminary injunction is an effectual strike breaking weapon because so much time ordinarily elapses between the issuance of preliminary injunction and the time when a final decree can be reviewed on a pill labor injunctions have the deceptive appeal of the quick and easy solution and therein lies their danger for disputes between workers and employers now often complicated by international disputes among workers themselves are not always comparable of of a comparable simplicity consequently injunctions have generally not proved to be an effective means of settling labor disputes so but that but that policy is merely a general rule there are certainly instances wherein an injunction may be issued by the court in labor disputes for example in the case of the public floor males workers association versus reyes gr number l-21378 so an injunction may be issued by ordinary courts where there is no labor dispute existing between the parties because the situation in this case is that the picket affected not only the employer but also business operations of other establishments owned by third party so normally because of the strike made by the employees so in that case the supreme court ruled that [Music] the issue once of an injunction to stop the strike or the picketing made by the employees so we will stop our discussion uh on collective bargaining and and administration of agreements uh for this video here but uh we will continue uh title seven uh in another video