COLLECTIVE

BARGAINING

COLLECTIVE BARGAINING
An established process for the purpose of
the executing a labor contract between the
employer and the exclusive bargaining agent
of an appropriate bargaining unit regarding
wages, hours of work and other terms and
conditions of employment.

COLLECTIVE BARGAINING
NATURE:
A democratic framework within which
the relation between labor and capital is
sought to be stabilized.
It is a mutual responsibility of the
employer and the union and is
characterized as a legal obligation.

DUTY TO BARGAIN
COLLECTIVELY
ART 252: It 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 wages,
hours of work and all other terms and conditions
of employment including proposals for adjusting any
grievance or question arising under such agreement
and executing a contract incorporating such
agreements as requested by either party, but such
duty DOES NOT compel any party to agree
to a proposal or to make any concession.

DUTY TO BARGAIN
COLLECTIVELY
ART 254: When there is a CBA, the duty to
bargain collectively shall also mean that
neither party shall terminate or modify the
agreement at least sixty (60) days prior to the
expiration date. It shall be the duty of both
parties to keep the status quo and to continue
in full force and effect the terms and
conditions of the existing agreement during
the 60-day period and/or until a new
agreement is reached by the parties.
*Automatic renewal clause

DUTY TO BARGAIN
COLLECTIVELY
An ER is under duty to bargain
collectively only when the bargaining
agent is representative of the
majority of the employees.
The ER has the right to demand of
the asserted bargaining agent proof of
its representation of its employees.

COLLECTIVE RESPONSIBILITY
Under this principle, an ER who bargains in
good faith shall be entitled to rely upon the
promises and agreements of the union
representatives with whom he must deal
under the compulsion of law and contract.
The CB process should be carried on
between the parties who can mutually
respect and rely upon the authority of each
other.

COLLECTIVE BARGAINING
A

SCOPE OF BARGAINING
AGENTS REPRESENTATION
1.
2.

It does not for its members alone but all

the employees covered by the BU.
The benefits of CBA are extendible to
all employees regardless of their
membership in the union because to
withhold the same from non-members
would be to discriminate them

ULP IN COLLECTIVE
BARGAINING
1.
2.

3.
4.

Bargaining in bad faith or refusal to make

counter-offer
Refusal to bargain
Individual bargaining
Gross violation of CBA provisions

DEADLOCK IN COLLECTIVE
BARGAINING
It is a situation where labor and
management fails in the CB negotiations
resulting in a stalemate.
There is a deadlock if there is complete
stoppage or blockade resulting from the
action of equal and opposed forces.

COLLECTIVE BARGAINING
AGREEMENT
It refers to the negotiated contract
between a LLO and the ER concerning
wages, hours of work and all other terms
and conditions of employment in a BU,
including mandatory provisions of
grievances and arbitration machinery.

COLLECTIVE BARGAINING
AGREEMENT
NATURE:
1. It is the law between the contracting
parties and compliance therewith is
mandated by the express policy of the
law
2. In case of conflict between the words of
the CBA and the evident intention of
the parties, the intention must prevail.

COLLECTIVE BARGAINING
AGREEMENT
NATURE:
3. It is NOT an ordinary contract but one
impressed with public interest and only
provisions embodied in the CBA should
be so interpreted and complied with.
4. It is unenforceable against persons NOT
parties thereto.

REFERENCES
Abad, Jr., Antonio H. (2011). (4th ed). Compendium
on labor law. 4th ed. Manila: Rex.
Azucena, Jr. A. C. (2010). (7th ed.). The labor code
with comments and cases. Manila: Rex.
Azucena, C.A., Jr. (2007). (5th ed.). Everyone's Labor
Code. Manila:Rex.
Garcia, O.S. & Garcia, R.O. (2002) Pre-week Memory
Aid in All Bar Subjects
Rex case digest. (2006). Labor law and social
legislation, legal ethics, mercantile law. Quezon City:
Rex.
Salao, Ernesto C. (2009). Law dictionary. Manila: Rex.