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Unfair Labor Practice in Collective Bargaining: Atty. Dominic Victor C. de Alban

This document discusses unfair labor practices in collective bargaining under Philippine law. It defines bargaining in bad faith, making promises without including them in the collective bargaining agreement, adamant stances resulting in impasse, refusing to sign an agreed-upon CBA, and individual bargaining as unfair practices. It also discusses surface bargaining, blue-sky bargaining, sweetheart contracts, and the elements required for an act to be considered an unfair labor practice.

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Jica Gula
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417 views17 pages

Unfair Labor Practice in Collective Bargaining: Atty. Dominic Victor C. de Alban

This document discusses unfair labor practices in collective bargaining under Philippine law. It defines bargaining in bad faith, making promises without including them in the collective bargaining agreement, adamant stances resulting in impasse, refusing to sign an agreed-upon CBA, and individual bargaining as unfair practices. It also discusses surface bargaining, blue-sky bargaining, sweetheart contracts, and the elements required for an act to be considered an unfair labor practice.

Uploaded by

Jica Gula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
  • Bargaining in Bad Faith: Discusses the importance of good faith in bargaining and how mechanical repetition of ability to pay does not suffice.
  • Making Promises during CBA Negotiations: Explains the necessity for management promises to be included in the concluded CBA to be binding, and the legal implications if not.
  • Adamant Stance Resulting in an Impasse: Illustrates how continual insistence on a bargaining position without willingness to make concessions leads to bad faith bargaining.
  • No Obligation to Agree to Proposals: Clarifies that parties in negotiation are not compelled to accept each other's proposals, encouraging efforts to find common ground.
  • Allegations of Bad Faith upon CBA Signing: Addresses how the execution of CBA is proof of reasonable efforts at good faith bargaining.
  • Refusal to Bargain: Describes the refusal to submit counter-proposals as constituting an unfair labor practice (ULP).
  • Refusal to Sign the CBA: Covers conditions under which a party may be compelled to sign a CBA to ensure its implementation.
  • Individual Bargaining: Explains how individual bargaining with workers rather than through their certified bargaining agent constitutes ULP.
  • SEBA as Agent of Whole Bargaining Unit: Elucidates the role and authority of SEBA as the representative of the whole bargaining unit.
  • Example of Individual Bargaining: Provides real-world scenarios illustrating issues of individual bargaining during strikes.
  • Blue-sky Bargaining: Defines blue-sky bargaining and differentiates it from legitimate economic proposals.
  • Surface Bargaining: Describes surface bargaining as negotiating in bad faith without intent to reach agreement, an employer-specific ULP.
  • Sweetheart Contract: Briefly defines sweetheart contracts as agreements that offer no significant law-required benefits.
  • Nature of ULP: Explains the connection between ULP and labor relations rights, highlighting key legal aspects.
  • Elements of ULP: Outlines necessary elements that qualify actions as ULP under the Labor Code.
  • References: Lists resources and references used in developing the document on unfair labor practices.

Unfair Labor Practice in

Collective Bargaining
Atty. Dominic Victor C. De Alban
Bargaining in Bad Faith
• It is essential that the employer and the employees should
both act in good faith.
• They must have an intention to bargain with the other party
not merely going to the motions of negotiating a CBA.
• The employer must not mechanically repeat the claim of
inability to pay without making the slightest effort to
substantiate claim and the employee must not be so close-
minded as to prevent possibility of expeditious settlement.
• Employer did not even bother to submit an answer to the
bargaining proposals – clear violation of duty to bargain
collectively.
Making promises during CBA negotiations

• Promises of management must be taken in a


manner consistent with the realities of the
situation.
• These promises must, however, be included in
the concluded CBA to be binding between the
parties.
– If the proposal was not embodied in the CBA, then
it remains a promise which cannot be validly
demanded under the law.
Adamant stance resulting in an impasse
• Adamant insistence on a bargaining position to a
point where negotiations reach an impasse does not
establish bad faith.
• Because the duty to bargain collectively does not
include the right to compel the other to make
concessions.
• However, if the matter involves trivial and
unreasonable matters which is used to delay or to
force the other party to make concession then it is
bargaining in bad faith.
No obligation to precipitately agree to the
proposals of each other
• The compulsion to bargain does not include
commitment to precipitately accept or agree
to the proposals of the other.
• It contemplates that both parties should
approach the negotiation with an open mind
and make reasonable efforts to reach a
common ground of agreement.
Allegations of bad faith upon signing of the
CBA
• With the execution of the CBA, bad faith
bargaining can no longer be imputed upon any
of the parties.
• The concluded CBA is proof enough that the
company exerted reasonable efforts at good
faith bargaining.
Refusal to bargain
• FAILURE by the employer to submit its counter-
proposals not by itself a refusal to bargain.
• it is the REFUSAL to submit an answer or reply
to the proposals of the certified bargaining
union that constitutes ULP.
• Because such refusal to reply already manifests
the employer’s intention not to bargain in good
faith with the employee.
Refusal of a party to sign the CBA
• A party to a fully-concluded CBA may be
compelled to sign it, especially if said refusal
to sign is the only remaining condition to its
being implemented.
Individual bargaining
• To negotiate or attempt to negotiate with
individual workers rather than with the
certified bargaining agent is an unfair labor
practice.
SEBA as agent of the whole bargaining unit

• The SEBA could not insist that they can only


validly bargain in behalf of “its members” only.
• Being the representative of the whole
bargaining unit it negotiates the terms and
conditions of employment of all the members
of said unit.
• As such employer’s refusal to bargain with the
SEBA under said terms is justified.
Example of individual bargaining
• During a strike the president sent letters to the
employees individually threatening dismissal from
work if they do not return to work.
• During a strike the employer sent messages that
includes incentives and benefits to the employees
who would abandon the strike and go to work.
• These communications are not protected by the
freedom of speech of the constitution because its
content is against the right of the employees to self
organization.
Blue-sky bargaining
• Means baking exaggerated or unreasonable
proposals.
• This kind of unfair labor practice may only be
committed by the bargaining union.
• However if the economic proposals of the
employees are based on prevailing economic
benefits received by other establishment under
the same trade and business, then the union
cannot be said to be guilty of blue-sky bargaining.
Surface Bargaining
• Means “going through the motions of
negotiating” without any legal intent to reach
an agreement.
• ULP which can only be committed by the
employer.
• The question is whether or not the employer’s
conduct demonstrates an unwillingness to
bargain in good faith or is merely hard-
bargaining.
Sweetheart Contract
• A contract which does not give substantial
improvements to those provided for by law.
Nature of ULP
• The act complained of as ULP must have a proximate
and causal connection with the following:
– Exercise of the right to self-organization
– Exercise of the right to collective bargaining
– Compliance with CBA
• Without connection to these aspects of labor
relations, the unfair acts do not fall within the
technical signification of the term ULP.
– Except the provision which provides that the employer
will discriminate against an employee for having given or
being about to give testimony under the Labor Code.
Elements of ULP
1. There should exists an employer-employee
relationship between the offended party and
the offender.
2. The acts complained of must be expressly
mentioned and defined in the Labor Code as
ULP.
References:
• Alcantara, Samson. Labor Law Reviewer
(2014).
• Chan, Joselito. Labor Law Book II (2009).
• Labor Code of the Philippines.

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