TEAM LEGAL MANAGEMENT (Group 7)

OUTLINE REPORT
Collective 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 Bargaining
1. 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 BARGAINING
1. 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 CONSIDERATIONS
Constitutional 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
Agreement
Basically, (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 Collectively
Meaning 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 employment
Source: Article 252, Labour Code
In the absence of Collective Bargaining
Art. 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
Bargaining
Requirements:
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

Bargaining
1. 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 decisionmaking.
Issues Discussed in Collective
Bargaining
Two Kinds of Issue are generally discussed
in collective bargaining:
1. ECONOMIC ISSUES
2. NON-ECONOMIC ISSUES
ECONOMIC ISSUES
1. 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.
6.
7.
8.
9.

Security of tenure
Seniority
Grievance machinery
Arbitration
Job evaluation and wage and salary
administration
10.Employee services (e.g., workers
education, job enrichment, etc.).
11.No strike / no lockout
Example of CBA: Digested
The collective bargaining agreement (CBA)
of the National Basketball Association (NBA)
is the contract between the NBA (the
commissioner and the 30 team owners)
and the NBA Players Association that
dictates the rules of player contracts,
trades, revenue distribution, the NBA Draft,
and the salary 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 the 200405 NHL
lockout, the two sides quickly came to an
agreement, and ratified a new CBA in July
2005.
This agreement expired following the 2010
11 season, leading to the 2011 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 decisionmaking 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
position
2. complying with workplace rules,
regulations, policies and legislation
3. informing the supervisor or manager
of any discriminatory behaviour
4. treating clients, co-workers and the
public with respect and dignity
5. ensuring that they do not participate
in discriminatory conduct based on a
protected ground
6. informing the employer of their
needs for accommodation based on
the protected grounds under the law
provided.
Rights and Responsibilities (Employer)
As an employer you must provide a safe
and healthy workplace for your workers and
contractors. This includes:
1. providing and maintaining
safe plant (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 prevent falls from
heights)
2. implementing arrangements for the
safe use, handling, storage and
transport of chemicals (such
asdangerous goods and 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, training and

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
high noise levels, 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 on health and safety
issues affecting your workers
4. consult with 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 consultation
5. 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
workplace
6. 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/unio
n_and_cba_registration/Registrati
on_CBA.pdf
http://www.albertahumanrights.ab
.ca/employment/employee_info/e
mployee_rights_and_responsibiliti
es.asp
http://www.ffw.org.ph/bin/TRAININ
G
%20RESOURCES/CBA_Handout.pd
f
https://en.wikipedia.org/wiki/NBA_
Collective_Bargaining_Agreement
____________________________________________
REPORTERS:
SEBASTIAN
CEBALLOS
BUCO
ISIDRO
CLAVERIA
CATO
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