Collective Bargaining Agreement

Art. 250 Procedure in Collective Bargaining

1.

Union shall serve a written notice of its

proposals to the employers.
2. Employers shall reply to said notice
within 10 calendar days.
3. If conflict, either party may request for a
conference to be had 10 calendar days
from request.
4. If the dispute is not settled, the board
may intervene at the request of either or
both parties or motu proprio.
a. The board shall have the power
to issue subpoenas
b. The parties are duty-bound to
participate in the conciliation
meetings the Board may call.
c. During the conciliation
proceedings, the parties are
prohibited to do anything to
disrupt or impede the
settlement of the issues
d. The board shall exert all efforts
to amicably settle disputes and
encourage parties to submit
their case to a voluntary
arbitrator.

a. When a party desires to negotiate an

agreement, it shall serve a written
notice upon the other party with a
statement of its proposal. The other
party shall make a reply thereto not
later than 10 calendar days from
receipt of such notice.
b. Should differences arise on the basis
of such notice and reply, either party
may request for a conference which
shall begin not later than 10 calendar
days from the date of request
c. If the dispute is not settled, the board
shall intervene upon request of either
or both parties or at its own initiative
and immediately call the parties to
conciliation meetings. The board shall
have the power to issue subpoenas
requiring the attendance of the
parties to such meetings. It shall be
the duty of the parties to participate
fully and promptly in the conciliation
meetings the board may call.
d. During the conciliation proceedings in
the Board the parties are prohibited
from doing any acts which my disrupt
or impede the early settlement of
disputes.
e. The board shall exert all efforts to
settle disputes amicably and
encourage the parties to submit their
case to a voluntary arbitrator.

Notes and Comments by Poquiz

1.

Meaning of CBA
To bargain collectively performance of a
mutual obligation to meet and confer 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
and etc.
CBA refers to a contract executed upon
request of either the employer or the
exclusive bargaining representative
incorporating the agreement reached with
regard to abovementioned matters.

2. Nature of Collective Bargaining

It is a continues process. It requires both
parties to deal with each other with open
and fair minds and sincerely endeavor to
fight the obstacles in the process to stabilize
employer employee relationship.

In sum:

3. Reason for Collective Bargaining

It is the most effective machinery, an
effective safeguard against the evil schemes
of employers on terms and conditions of
employment. Its object is to equalize the

Collective Bargaining Agreement

bargaining power of employer and

employees.

4. Characteristics of Collective Bargaining

a. Continuing legal relationship consists
of a series of contraction negotiations
and of the day-to-day negotiations
under the grievance procedure.
b. Process of adjustment mutual
accommodation between two
institutions in which acceptance is an
important agreement.
c. Contract of reasonable benefits should
not provide for benefits below the
standards provided by law.
d. Method of industrial government
e. Agency of Participatory democracy
5.

Standards followed in Collective Bargaining

a. The obligation to bargain collectively is
mutual (The union and employer both)
b. The parties are required to meet and
confer promptly and expeditiously
and in good faith.
c. They are required in good faith to
negotiate an agreement.
d. They must execute a contract
incorporating the agreement reached by
the parties.
e. The duty to bargain does not compel any
party to agree to a proposal or to make
any concession.

6. Usual Contents of CBA

a. Preamble

b. Union Recognition provides that the

employer recognizes the union as the
exclusive and sole bargaining
representative of the employees
c. Management prerogatives
d. Union Prerogatives
e. Scale of wages
f. Promotions
g. Leaves of Absence
h. Union Security Clauses
i. Grievance Machinery and Voluntary
Arbitrations
j. Check off an agreement whereby an
employer deducts union dues or
contributions which are turned over to
the union
k. Family planning
l. Labor Education
m. Effectivity Clause
n. Interpretation Clause
o. Other stipulations agreed upon