A just share to the fruits of one’s labor is a right guaranteed to all workers. How this right can be exercised prudently is the main concern of the module. Collective bargaining entails a membership that understands its responsibility from the moment a collective bargaining negotiation is proposed until the time that an agreement is finally implemented.
WHAT IS COLLECTIVE BARGAINING?
Collective bargaining is a process of negotiating an agreement regarding the terms and conditions of employment through a system of shared responsibility and decision-making between labor and management. WHAT ARE THE BARGAINING? FOUR ESSENTIAL ELEMENTS OF COLLECTIVE
Note that only a duly registered union that is recognized as the exclusive collective bargaining agent of workers can undertake the collective bargaining process.
According to the Labor Code, only rank-and-file employees perform functions that do not include formulating, recommending, or executing management policies- job descriptions that are reserved to managerial employees. Rand-and-file is divided into four groups: casual, contractual, probationary and regular. Of the four groups, only regular employees are included in the union coverage of most collective bargaining agreements. Contractual, casual, and probationary employees however, may also form their own unions for collective bargaining purposes.
WHAT ISSUES ARE DISCUSSED IN COLLECTIVE BARGAINING?
Two kinds of issues are generally discussed in collective bargaining:
1. Check-off (payment of union fees). 2. Working days and hours 3. Salary increases / allowances / bonuses / profit-sharing
4. Leaves 5. Overtime / holiday/ shift premiums 6. Employee welfare (e.g., hospitalization benefits, dental benefits, etc.)
1. 2. 3. 4. 5. 6. 7. 8. 9. Union recognition / coverage Definition of employees category Union security Rights and responsibilities of parties Security of tenure Seniority Grievance machinery Arbitration Job evaluation and wage and salary administration 10. Employee services (e.g., workers’ enrichment, etc.). 11. No strike / no lockout
ARE BARGAINING? Preparation
Preparation includes researching and formulating proposals. A collective bargaining research must take into consideration the economic factors on which union demands are based: minimum budget requirements, cost of living, productivity, company’s ability to pay, industry practices etc. The result of the data analysis of these economic factors determines the content of a collective bargaining proposal. A union engaged in collective bargaining prepares two sets of research studies. The fist contains the demands of the union based on its research findings. These demands are presented to the general membership for adoption or approval, after which they become proposals that are then submitted to the management for collective bargaining purposes. The second research study is a definition of the arguments supporting the proposals of the union. This research study is submitted to the Department of Labor and Employment (DOLE) to be used as a reference material should the negotiation reach a deadlock as to require mediation or conciliation and arbitration. Negotiation 3/6
Negotiation is the actual deliberation of proposals by the union and the management. It is composed of five stages: 1. The union submits a notice to negotiate together with its proposals to the company. 2. The company answers the...