TEAM LEGAL MANAGEMENT (Group 7)OUTLINE REPORTCollective Bargaining Agreement And Employee-Employers Rights and Responsibilities

Collective Bargaining Agreement What is Collective Bargaining Agreement?Collective Bargaining means an agreement in writing between and employer and a trade union setting forth the terms and conditions of employment or containing provisions in regard to rates of pay, hours of work or other working conditions of employees.Features of Collective Bargaining1. It is a collective process.2. It is a continuous process.3. It is flexible and dynamic process.4. It is a method of partnership of workers in management.Importance of CBA (TO EMPLOYEES)1. Collective bargaining develops a sense of self-respect and responsibility among the employees.2. It increases the strength of the workforce, thereby, increasing their bargaining capacity as a group.3. Collective bargaining increases the morale and productivity of employees.4. It restricts managements freedom for arbitrary action against the employees. Moreover, unilateral actions by the employer are also discouraged.5. Effective collective bargaining machinery strengthens the trade unions movements.Importance of CBA (TO EMPLOYER)1. It becomes easier for the management to resolve issues at the bargaining level rather than taking up complaints of individual workers.2. Collective bargaining tends to promote a sense of job security among employees and thereby tends to reduce the cost of labor turnover to management.3. Collective bargaining opens up the channel of communication between the workers and the management and increases worker participation in decision making.4. It plays a vital role in settling and preventing industrial disputes.TYPES OF BARGAINING1. Distributive bargaining. Under it, the economic issues. Win-Loss situation.2. Integrative bargaining. This involves negotiation of an issue. Both win or at lease neither party loses.3. Attitudinal restructuring. This involves shaping and reshaping some attitudes between labor and management.4. Intra-organizational bargaining. It generally aims at resolving internal conflicts. This is a type of manoeuvring to achieve consensus with the worker and management.Note: CBA is not a contract of employment; Employees are hired separately and individually, but occupancy and terms of their employment once in the unit are regulated by the provisions of the CBA. Most of CBA provide that arguments are not resolved by recourse to the civil courts but, rather, by a private alternative dispute resolution mechanism, negotiation or arbitration.

PRELIMINARY CONSIDERATIONSConstitutional and Statutory Basis;a. Constitution Art. 13, Sec. 3.i. The state shall afford full protection to labor, local and overseas, organized or unorganized, and promote full employment and equality of employment opportunities for all.b. Labor Code, Art. 255. i. The state shall regulate the relations between the workers and employers, recognizing the right of labour to its just share in the fruits of production and the right of entreprenuers to reasonable returns of investments, and to expansion and growth.c. Labor Code, Art. 211. i. Declaration of Policy It is the policy of the state: (a) to promote and emphasize the primacy of free collective bargaining and negotiations, as modes of settling labour or industrial disputes.Parties to Collective Bargaining AgreementBasically, (a) the employer, as represented by the member of the Management Panel; and (b) the employees, as represented by the union certified as the exclusive bargaining agent/representative in a certified election called for such purpose.

Duty to Bargaining CollectivelyMeaning of duty to bargaining collectively The duty to bargaining collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to the wages, hours of work and all other terms and conditions of employmentSource: Article 252, Labour CodeIn the absence of Collective BargainingArt. 251, LC In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of the employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.Process of Registering the Collective BargainingRequirements:1. Duly accomplished and notarized Application Form 2. 2 Original and 2 duplicate signed copies of the CBA which must be certified under oath by the representative/s of the employer/s and labor/union/s concerned. 3. Statement that the CBA was posted in at least two (2) conspicuous places in the establishment/s concerned for at least five (5) days before its ratification 4. Statement that the CBA was ratified by the majority of the employees in the bargaining unit of the employer/s concerned Validity Period of Registration: Five (5) years Registration Fee: Php. 1000.00 Application Area: Bureau of Labor Relations Field Offices Total Process Cycle Time:One (1) Working day upon receipt of complete documents and payment.

Essential Elements of Collective Bargaining1. LEGAL. Collective bargaining is a process of negotiating an agreement.2. ECONOMIC. Its contents specify the terms and conditions of employment (e.g., benefit.)3. POLITICAL. The agreement is a product of a negotiation between labor and management.4. MORAL. It involves a system of shared responsibility and decision-making. Issues Discussed in Collective Bargaining Two Kinds of Issue are generally discussed in collective bargaining:1. ECONOMIC ISSUES2. NON-ECONOMIC ISSUESECONOMIC ISSUES1. Check-off (payment of union fees). 2. Working days and hours 3. Salary increases / allowances / bonuses / profit-sharing 2/6 4. Leaves 5. Overtime / holiday/ shift premiums 6. Employee welfare (e.g., hospitalization benefits, dental benefits, etc.) NON-ECONOMIC ISSUES:1. Union recognition coverage 2. Definition of employees category 3. Union security 4. Rights and responsibilities of parties 5. Security of tenure 6. Seniority 7. Grievance machinery 8. Arbitration 9. Job evaluation and wage and salary administration10. Employee services (e.g., workers education, job enrichment, etc.).11. No strike / no lockout Example of CBA: DigestedThecollective bargaining agreement(CBA) of theNational Basketball Association(NBA) is the contract between the NBA (the commissioner and the 30 team owners) and theNBA Players Associationthat dictates the rules of player contracts, trades, revenue distribution, theNBA Draft, and thesalary cap, among other things. In June 2005, the NBA's 1999 CBA expired, meaning the League and the players' union had to negotiate a new agreement; in light of the fiasco that was the200405 NHL lockout, the two sides quickly came to an agreement, and ratified a new CBA in July 2005. This agreement expired following the 201011 season, leading to the2011 NBA lockout. A new CBA was ratified in December 2011, ending the lockout. Little changed in terms of the salary cap between the 1999 and 2005 versions of the CBA. In exchange for agreeing to the controversial player age minimum, the players received a slightly higher percentage of the League's revenues over the course of the new agreement. Additionally, the League's maximum salary decreased slightly in comparison to the 1999 CBA. Under the 2011 CBA, the players will receive a lower percentage of league revenues. Employee Employer Rights and Responsibilities (Employee)The 1987 Philippine Constitution recognizes and guarantees the following rights of workers: Self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law Security of tenure, humane conditions of work, and a living wage Participation in policy and decision-making processes affecting the workers rights and benefits as provided by law A just share in the fruits of production vis--vis the right of the employer to reasonable returns on investments

Employees are responsible for:1. carrying out the duties of their position2. complying with workplace rules, regulations, policies and legislation3. informing the supervisor or manager of any discriminatory behaviour4. treating clients, co-workers and the public with respect and dignity5. ensuring that they do not participate in discriminatory conduct based on a protected ground6. informing the employer of their needs for accommodation based on the protected grounds under thelaw provided.Rights and Responsibilities (Employer)As anemployeryou must provide a safe and healthy workplace for your workers and contractors. This includes:1. providing and maintaining safeplant(such as machinery and equipment) and safe systems of work (such as controlling entry to high risk areas, controlling work pace and frequency and providing systems to preventfallsfrom heights)2. implementing arrangements for the safe use, handling, storage and transport of chemicals (such asdangerous goodsand other harmful materials)3. maintaining the workplace in a safe condition (such as ensuring fire exits are not blocked, emergency equipment is serviceable, and the worksite is generally tidy)4. providing workers and contractors with adequate facilities (such as clean toilets, cool and clean drinking water, and hygienic eating areas)5. making sure workers have adequate information, instruction,trainingand supervision to work in a safe and healthy manner.You must also:1. adequately monitor your workers' health (such as providing hearing tests for workers exposed to highnoiselevels, providing blood tests for workers exposed to lead and monitoring fatigue levels of transport and other workers)2. keep information and records relevant to your workers' health and safety (such as records of biological monitoring, asbestos assessments, first aid records and relevant medical information)3. employ or engage people with the necessary qualifications or expertise to advise you onhealth and safety issuesaffecting your workers4. consultwith employees on matters that may directly affect their health, safety or welfare. Where the employees are represented by a health and safety representative (HSR), the HSR must also be involved in the consultation5. nominate a senior management representative (or yourself) to deal with workers and their health and safety representatives in resolving health and safety issues at the workplace6. provide your workers with information in the appropriate languages about your workplace health and safety arrangements, including the names of those to whom the workers can make an inquiry or complaint.Sources: Duhaime, L., (Definition of Collective Bargaining, 2013) Gorman, R., Basic Text on Labor Law Unionization and Collective Bargaining (Minnesota: West Publishing Co., 1976) Trade Unions Act, R.S.S, Chapter T-17 Ablelaw.com.ph http://blr.dole.gov.ph/blr_files/union_and_cba_registration/Registration_CBA.pdf http://www.albertahumanrights.ab.ca/employment/employee_info/employee_rights_and_responsibilities.asp http://www.ffw.org.ph/bin/TRAINING%20RESOURCES/CBA_Handout.pdf https://en.wikipedia.org/wiki/NBA_Collective_Bargaining_Agreement____________________________________________REPORTERS: SEBASTIAN CEBALLOS BUCO ISIDRO CLAVERIA CATO____________________________________________