Published — May 9, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After knowing WHAT IS COLLECTIVE BARGAINING AGREEMENT, read more: Modes of Determining the Sole and Exclusive Bargaining Agent (SEBA)
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Collective Bargaining Agreement refers to the negotiated contract between a bargaining representative and the employer concerning wages, hours of work and all other terms of conditions of employment
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A bargaining representative means a legitimate labor organization
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When a party desires to negotiate an agreement, it shall serve upon the other party with a statement of its proposals
A Collective Bargaining Agreement (CBA) is a contract executed upon request of either the employer of the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting grievances or questions under such agreement. The bargaining representative means a legitimate labor organization whether or not employed by the employer.
What is the procedure in collective bargaining?
The law says:
When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice. Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request.
If the dispute is not settled, the National Conciliation and Mediation Board (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.
During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator.
What is “duty to bargain collectively”?
The law says:
The duty to bargain 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 wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.
May a CBA be renegotiated? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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Most of employees especially in Plantation company no idea to go about while they are, or they have grievance.
CBA to be made publicly or not