UNIONISM IN THE PHILIPPINES: AN INFORMATORY TALE

“Coy” is a young entrepreneur, managing a land-based and sea-based manpower agency. He is also a law student at the University of Southern Philippines Foundation (USPF.) Started working at a very young age, he has enough vital labor information to share.

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The collective bargaining, which is basically a wage-setting and dispute settlement system, is the centerpiece of the industrial relations in the Philippines. It is a procedure whose result is the making of collective agreements between employer and accredited representatives of employees concerning Political and Economic issues of employment. It requires both parties to deal with each other with open and fair minds, and to sincerely endeavor to overcome obstacles existing between them to the end that industrial relations may be successful, peaceful, and beneficial to both parties. However, collective bargaining does not end with the execution of an agreement. It is a continuous process and involves a continuing legal duty. As indicated, the result of the collective bargaining process is a contract which is called the Collective Bargaining Agreement or simply CBA.

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A CBA stipulates the joint understanding of the union an management concerning wages, hours of work, and all other terms and conditions of employment within the bargaining unit, including mandatory provisions for grievance and arbitration machinery. There are no “hard and fast” rules of governing successful negotiations on a CBA, the personalities of management and union representatives are relevant matter to be considered. But there are certain limits beyond which the employer will not agree to further increases and limits beyond which the union will not accept. The offered wage regardless of the economic situation. When either of these limits is reached or exceeded, a strike (or lockout) is inevitable. On the other hand, there is no compulsion on the part of the employee to join the union, However, it protects the present strength of the union while ensuring against membership losses, because employees who are already union members and those who may subsequently join the union must maintain their memberships as condition of employment. Under most maintenance of membership clauses, an employee is given at the start of the contract term, an "escape" period during which he may resign. If he chooses to stay, he cannot resign without losing his employment. Furthermore, the Labor Code has, however, legalized the collection of agency fees. Thus Employees belonging to an appropriate collective bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and· other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective agreement: Provided, that the individual authorization required under Article 250, paragraph O of this Code shall not apply to non-members of the recognized collective bargaining agent.

Procedure in Collective Bargaining[1] are as follows:

1. Duty to Bargain Collectively in the Absence of Collective Bargaining Agreements (CBA) - In the absence of a CBA . It shall be the duty of the employer and the representatives of the employees to bargain collectively in accordance with the provisions of Article 263..

2. Exclusive Bargaining Representation and Workers participation in Policy and Decision Making – the designated labor organization or majority of employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining

3. Representation issue in organized establishment – when verified petition questioning the majority status of the incumbent bargaining agent is filed by any legitimate labor organization including a national union or federation which has already issued charter certificate to its local chapter participating in the certification election or a local chapter which has been issued a charter certificate by the national union or federation before the Department of Labor and Employment within the sixty (60) day period before the expiration of the collective bargaining agreement, the Med Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, , at least a majority of all eligible voters in the unit must have cast theirs. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run off election shall be conducted between a labor unions receiving the two highest numbers of votes provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast. In cases where the petition was filed by a national union of federation, it shall not be required to disclose the names of the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed

4. Petitions in Unorganized Establishments – a certification shall automatically be conducted by the Med – Arbiter upon the filing of a petition by any legitimate labor organization, including a national union or federation which has already issued a charter to its local/chapter participating in the certification of election or a local/chapter which has been issued a charter certificate by a national union or federation. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local

5. When an Employer May File Petition – when requested to bargain collectively, an employer may petition the Bureau for an election. If there is no existing certified collective bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election. All certification cases shall be decided within twenty (20) days in accordance with the rules and regulations prescribed by the Secretary of Labor

6. Employer as Bystander – in all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not considered a party thereto with a concomitant right to oppose in such proceedings shall be limited to (1) being notified or informed of petitions of such nature; and (2) submitting the list of employees during the pre-election conference should the Med-Arbiter act favorably on the petition

7. Appeal from Certification Election Orders – any party to an election may appeal the order or results of the election as determined by the Med-Arbiter directly to the Secretary of Labor and Employment on the ground that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for the conduct of the election have been violated such appeal shall be decided within fifteen (15) calendar days.

[1] Article 261 – 272 as amended, Labor Code of the Philippines