Labor-Management Relations A Recall: What is Labor Relations? => relationship exists between the labor union representing the employees and the management of an organization. Strategies for Good Labor-Management Relations 1. Establishing a policy and philosophy of labor-management cooperation >should advance the objectives of the company >should be consistent with the continued development of a relatively free, competitive economic system. Essential characteristics: a. Acceptance b. Emphasis on the cause and solution to problem/s rather than on legal technicalities. c. Acceptance by both parties d. Awareness of basic obligations e. Represent what workers want/need and what management should expect of responsible unionism f. Guaranteed productivity 2. Establishment of realistic personnel program a. Communication b. Organization c. Career development and training d. Job satisfaction e. Equipment/facilities f. Methods and procedures workflow g. Work measurement/scheduling/staffing h. Compensation and benefits for personnel 3. Good supervisor-subordinate relationship S -support from both the management and employees L -leadership skills I -integrity C -communication skills to communicate policies/problems/needs/ between management and employees E -empathy D -develop respect and “feeling of belonging” among employees (rank-and-file) and management personnel C -credible to subordinates as well as to management A -approachable K -knowledgeable E -embrace Christian values as well as develop social responsibility awareness toward subordinates, organization, stockholders/owners, government, and the publics. 4. Abide by the provisions of the Collective Bargaining Agreement Reminders for managers: Jshould not shift from benign to the ruthless pursuit for more production and profit Jbetter machinery, more rational material flow, better planning, and emphasis on the “carrot” in the workplace Junderstand and recognize union bonds Jcompany demands for concessions must be supported by economic need Jmust see that union members who are employed in the company will come to accept joint responsibility in the organization Philippine policy statement on Labor Relations: 1. To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes. 2. To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development. 3. To foster the free and voluntary organization of a strong and united labor moment. 4. To promote the enlightenment of workers concerning their rights and obligations as union members and as employees. 5. To provide adequate administrative machinery for the expeditious settlement of labor or industrial disputes. 6. To ensure a stable but dynamic and just industrial peace. 7. To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare. 8. To encourage a truly democratic method of regulating the relations between employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency official shall have the power to fix wages, rates of pay, hours of work or other terms and conditions of employment, except provided under the Labor Code. Scramble me J SON BIOTSIAFCAJT THEYMAP WHY employees join Labor Unions or Labor Organizations? Reasons 1. Compulsory union membership of employees may be a requirement for employment *closed shop -membership is requirement as a condition for employment in the organization. *union shop -employee required to join a union after a specified period of employment to able for him to continue working in the company. *open shop -employee may or may not decide to join the labor union 2. To secure protection of employee rights, obtain more concession from the employer. 3. Because most employees are union members. 4. To serve people against abuses of employers as union leaders. 5. As a stepping board for promotions. 6. Failure of management to realize that human resource is its most valuable. Strategies for Non-unionization 1. Effective personnel planning, recruitment, selection and placement; 2. Effective training and development programs for employees; 3. Effective performance evaluation; 4. Effective compensation of employees; 5. Effective employee maintenance; 6. Effective labor-management relations; and 7. Effective supervision of non-managerial. WHO may join labor union? 1. Those employed in commercial, industrial and agricultural organizations, including employees of government owned or controlled corporations without original charters established under the Corporation Code, as well as employees of religious, charitable, medical or educational institutions whether operating for profit or not, shall have the right to self-organization and to form, join or assist labor unions for purposes of collective bargaining. 2. Supervisory employees are not eligible for membership in a labor union of the rank-and-file employees but may form, join, or assist separate labor unions of their own. 3. Managerial employees are eligible to form, join or assist any labor union for purposes of collective bargaining. 4. Alien employees with valid working permits issued by the DOLE may exercise the right to self-organization and join or assist labor unions for purposes of collective bargaining if they are nationals of a country which grants the same or similar rights of Filipino workers, as certified by the Department of Foreign Affairs. 5. All the other workers, including ambulant, intermittent and other workers, the self-employed, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection and other legitimate purposes except collective bargaining. WHERE to File? 1. For independent labor unions, chartered locals, workers’ association. with Regional Office where the applicants operates and to be processed by the Labor Relations Division at the Regional Office in accordance with Section 2-A, 2-C and 2-E Rule III. 2. For federations, national unions or workers’ associations with Bureau of the Regional Offices, but shall be processed by the Bureau in accordance with Section 2-B and 2-D of Rule III. Rights and Conditions of Membership in Labor Organization 1. No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be imposed. 2. The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as provided for in the constitution and by-laws of the organization. 3. The members shall be directly elect their officers of the national union or federation, to which they or their union is affiliated, by secret ballot at intervals of five (5) years. No qualification requirements for candidacy to any position shall be imposed other than membership in good standing in the labor organization. The secretary or any other responsible union officer shall furnish the Secretary of Labor and Employment with a list of the newly- elected officers, together with the appointive or agents who are entrusted with the handling of funds within thirty (30) calendar days after the election of officers or from concurrence of any change in the list of officers of the organization. 4. The members shall determine by secret ballot, after due deliberations, any questions of major policy affecting the entire membership of the organization, unless the nature of the organization or force majeure renders such secret ballot impractical, in which case the board of directors of the organization may make the decision in behalf of the general membership. 5. No labor organization shall knowingly admit as members or continue in membership any individual who belongs to a subversive organization or who is engaged directly or indirectly in any subversive activity. 6. No person who has been convicted of crime involving moral turpitude shall be eligible for election as a union officer or for appointment to any position in the union. 7. No officer, agent or member of labor organization shall collect any fees, dues, or other contributions in its behalf or make any disbursements of its money or funds unless he is duly authorized pursuant to its constitution and by-laws. 8. Every payment of fees, dues or other contributions by a member shall be evidenced by receipt signed by the officer or agent making the collection and entered into the record of the organization to be kept and maintained for the purpose. 9. The funds of the organization shall not be applied for any purpose or object other than those expressly provided by its constitution and by-laws or those expressly provided by its constitution and by-laws or those expressly authorized by written resolution adopted by majority of the members at a general meeting duly called for the purpose. 10. Every income or revenue of the organization shall be evidenced by a record showing its source and every expenditure of its funds shall be evidenced by a receipt from the person to whom the payment is made, which shall state the date, place, and purpose of such payment. Such record or receipt shall form part of the financial records of the organization. (As amended by Sec. 16, RA 6715) Any action involving the funds of the organization shall prescribe after three (3) years from the date of submission of the annual financial report to the DOLE or from the date the same should have been submitted as required by law, whichever comes earlier. 11. The officers of any labor organization shall not be paid any compensation other than salaries and expenses due to their positions as specifically provided for in its constitution and by-laws, or in a written resolution duly authorized by a majority of all members at a general membership meeting duly called the purpose. 12. The treasure of any organization and every officer thereof who is responsible for the account of such organization or for the collection, management, disbursement, custody or control of the funds, moneys and other properties of the organization, shall render to the organization and to its members a true and correct account of all moneys received and paid by him since he assumed office or since the last day on which he rendered such account, and of all bonds, securities and other properties of the organization entrusted to his custody or under his control. Rights of Legitimate Labor Organization 1. To act as the representative of its members for the purpose of collective bargaining. 2. To be certified as the exclusive representative of all the employees in any appropriate collective bargaining unit for purposes of collective bargaining. 3. To be furnished by the employer, upon written request, with annual audited financial statements, including the balance sheet and the profit and loss statement within thirty (30) calendar days from the date of receipt of the request, after the union has been duly recognized by the employer or certified as the sole and exclusive bargaining representative of the employees in the bargaining unit, or within sixty (60) calendar days before the expiration of the existing collective bargaining agreement, or during the collective bargaining negotiations. 4. To own property, real or personal for the use and benefit of the labor organization and its members. 5. To sue and be sued in its registered name. 6. To undertake all other activities designed to benefit the organization and its members, including cooperative, housing, welfare and other projects not contrary to law. 7. The income and the properties of legitimate labor organizations, including grants, endowments, gifts, donations and contributions they may receive from fraternal and similar organizations, local or foreign which are actually, directly or exclusively used for their lawful purposes, shall be free from taxes, duties and other assessments. Concept of Unfair Labor Practice and Procedure for Prosecution Unfair labor practices -violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor management, including their right to bargain collectively and deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. Labor Arbiters -shall give utmost priority to the hearing and resolution of all cases involving unfair labor practices and they are given thirty (30) days after cases were submitted in order to render a decision. No criminal prosecution may be instituted without a final judgment finding that a ULP was committed, having been first obtained. Unfair Labor Practices of Employees (LCP Art.248) 1. To interfere with, restrain or coerce employees in the exercise of their right to self-organization. 2. To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs. 3. To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise o their rights to self-organization. 4. To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to its or its organizers or supporters. 5. To discriminate in regards to wages, hours o work, and other terms and conditions o employment in order to encourage or discourage membership in any labor organization. 6. To dismiss, discharge, or otherwise prejudice or discriminate against an employee or having given or being about to give testimony under the LCP. 7. To violate the duty to bargain collectively as prescribed by the LCP. 8. To pay negotiation or attorney fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute. 9. To violate a collective bargaining agreement. Note: under Art.261 violation of CBA agreement, except when gross in character, such as malicious refusal to comply economic provisions are no longer treated as ULP but grievances subject to grievance machinery and voluntary arbitration under the CBA. Unfair Labor Practices of Labor Organizations (LCP Art. 349) 1. To restrain or coerce employees in the exercise of their rights to self-organization. However, a labor organization shall have the right to prescribed its own rules with respect to the acquisition or retention of membership. 2. To cause or attempt to cause and employer to discriminate against an employee, including discrimination against an employee with respect to whom membership in such organization has been denied or to terminate an employee on any ground other than the usual terms and conditions under which membership is made available to other members. 3. To violate the duty, or refuse to bargain collectively with the employer, provided it is representative of the employees. 4. To cause or attempt to cause an employer to pay or deliver or agree to pay or delivery any money or other things of value, in the nature of an exaction, for services which are not performed or not to be performed, including the demand for fee for union negotiations. 5. To ask for or accept negotiations or attorney fees from employer as part of the settlement of any issue in collective bargaining or any other dispute. 6. To violate the collective bargaining agreement. Note: Only officers, members of governing boards, representatives or agents or members of labor organizations who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. LCP BOOK V LABOR RELATIONS- RULE DEFINITIONS OF TERMS Section 1. Definition of terms (a) Affiliate -independent union affiliated with the federation, national union or chartered local which was subsequently granted independent registration but did not disaffiliate from its federation (b) Appeal -elevation by an aggrieved party to an agency vested with appellate authority of any decision, resolution or order disposing the principal issues of a case rendered by an agency vested with original jurisdiction, undertaken by filing a memorandum of appeal. (c) Audit Examiner - an officer of the Bureau of Labor Relations Division of the Regional Office authorized to conduct an audit examination of the books of accounts, including all funds, assets and other accountabilities of a legitimate labor organizations and workers’ associations. (d) Bargaining Unit -group of employees sharing mutual interests within a given employer unit, comprised of all or less than all the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit. (e) Board - National Conciliation and Mediation Board established under E.O 126 (f) Bureau -Bureau of Labor Relations (g) Cancellation Proceedings -legal process leading to the revocation of the legitimate status of union or workers’ association. (h) Certificate Election or Consent Election - process of determining through secret ballot the sole and exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation. A certification election is ordered by the Department, while a consent election is voluntarily agreed upon by the parties, with or without the intervention by the Department. (i) Chartered local -labor organization in the private sector operating at the enterprise level that acquired legal personality through the issuance of a charter certificate by a duly registered federation or national union, and reported to the Regional Office in accordance with the Rule III, Section 2-E of these rules. (j) Collective Bargaining Agreement -contract between a legitimate labor union and the employer concerning wages, hours of work, and all other terms and conditions of employment in a bargaining unit. (k) Conciliator Mediator -an officer of the Board whose principal function is to assist in the settlement and disposition of labor-management disputes through conciliation and preventive mediation, including the promotion and encouragement of voluntary approaches to labor disputes prevention and settlement. (l) Consolidation -creation or formation of a new union arising from the unification of two or more unions. (m) Deregistration of Agreement -legal process leading to the revocation of CBA registration. (n) Department -DOLE (O) Election Officer -an officer of the Bureau or Labor Relations Division in Regional Office authorized to conduct certification elections, election of union officers and other forms of elections and referenda in accordance with Rule XII, Sections 2-5.
Posted on: Sun, 29 Sep 2013 02:31:13 +0000
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