Title VII
COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS
Article 250. Procedure in
collective bargaining. The following procedures shall be observed in
collective bargaining:
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 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; and
The Board shall exert all efforts to
settle disputes amicably and encourage the parties to submit their case to a
voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March
21, 1989)
Article 251. Duty to
bargain collectively in the absence of collective bargaining agreements. 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 employer
and the representatives of the employees to bargain collectively in accordance
with the provisions of this Code.
Article 252. Meaning of
duty to bargain collectively. 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.
Article 253. Duty to
bargain collectively when there exists a collective bargaining agreement. When
there is a collective bargaining agreement, the duty to bargain collectively
shall also mean that neither party shall terminate nor modify such agreement
during its lifetime. However, either party can serve a written notice to
terminate or modify the agreement at least sixty (60) days prior to its
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.
Article 253-A. Terms of a
collective bargaining agreement. Any Collective Bargaining Agreement
that the parties may enter into shall, insofar as the representation aspect is
concerned, be for a term of five (5) years. No petition questioning the
majority status of the incumbent bargaining agent shall be entertained and no
certification election shall be conducted by the Department of Labor and
Employment outside of the sixty-day period immediately before the date of
expiry of such five-year term of the Collective Bargaining Agreement. All other
provisions of the Collective Bargaining Agreement shall be renegotiated not
later than three (3) years after its execution. Any agreement on such other
provisions of the Collective Bargaining Agreement entered into within six (6)
months from the date of expiry of the term of such other provisions as fixed in
such Collective Bargaining Agreement, shall retroact to the day immediately
following such date. If any such agreement is entered into beyond six months,
the parties shall agree on the duration of retroactivity thereof. In case of a
deadlock in the renegotiation of the Collective Bargaining Agreement, the
parties may exercise their rights under this Code. (As amended by Section 21,
Republic Act No. 6715, March 21, 1989)
Article 254. Injunction
prohibited. No temporary or permanent injunction or restraining order
in any case involving or growing out of labor disputes shall be issued by any
court or other entity, except as otherwise provided in Articles 218 and 264 of
this Code. (As amended by Batas Pambansa Bilang 227, June 1, 1982)
Article 255. Exclusive
bargaining representation and workers’ participation in policy and
decision-making. The labor organization designated or selected by the
majority of the employees in an appropriate collective bargaining unit shall be
the exclusive representative of the employees in such unit for the purpose of
collective bargaining. However, an individual employee or group of employees
shall have the right at any time to present grievances to their employer.
Any provision of law to the contrary
notwithstanding, workers shall have the right, subject to such rules and
regulations as the Secretary of Labor and Employment may promulgate, to
participate in policy and decision-making processes of the establishment where
they are employed insofar as said processes will directly affect their rights,
benefits and welfare. For this purpose, workers and employers may form
labor-management councils: Provided, That the representatives of the workers in
such labor-management councils shall be elected by at least the majority of all
employees in said establishment. (As amended by Section 22, Republic Act No.
6715, March 21, 1989)
Article 256. Representation
issue in organized establishments. In organized establishments, when a
verified petition questioning the majority status of the incumbent bargaining
agent is filed before the Department of Labor and Employment within the
sixty-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 their
votes. The labor union receiving the majority of the valid votes cast shall be
certified as the exclusive bargaining agent of all the 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 the labor unions receiving the two highest number 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.
At 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. (As
amended by Section 23, Republic Act No. 6715, March 21, 1989)
Article 257. Petitions in
unorganized establishments. In any establishment where there is no
certified bargaining agent, a certification election shall automatically be
conducted by the Med-Arbiter upon the filing of a petition by a legitimate
labor organization. (As amended by Section 24, Republic Act No. 6715, March 21,
1989)
Article 258. 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) working days.
The Bureau shall conduct a certification
election within twenty (20) days in accordance with the rules and regulations
prescribed by the Secretary of Labor.
Article 259. 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. (As amended by Section 25,
Republic Act No. 6715, March 21, 1989)
Title VII-A
GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION
Article 260. Grievance machinery
and voluntary arbitration. The parties to a Collective Bargaining
Agreement shall include therein provisions that will ensure the mutual
observance of its terms and conditions. They shall establish a machinery for
the adjustment and resolution of grievances arising from the interpretation or
implementation of their Collective Bargaining Agreement and those arising from
the interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance
machinery which are not settled within seven (7) calendar days from the date of
its submission shall automatically be referred to voluntary arbitration
prescribed in the Collective Bargaining Agreement.
For this purpose, parties to a Collective
Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator
or panel of Voluntary Arbitrators, or include in the agreement a procedure for
the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators,
preferably from the listing of qualified Voluntary Arbitrators duly accredited
by the Board. In case the parties fail to select a Voluntary Arbitrator or
panel of Voluntary Arbitrators, the Board shall designate the Voluntary
Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to
the selection procedure agreed upon in the Collective Bargaining Agreement,
which shall act with the same force and effect as if the Arbitrator or panel of
Arbitrators has been selected by the parties as described above.
Article 261. Jurisdiction
of Voluntary Arbitrators or panel of Voluntary Arbitrators. The
Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and
exclusive jurisdiction to hear and decide all unresolved grievances arising
from the interpretation or implementation of the Collective Bargaining
Agreement and those arising from the interpretation or enforcement of company
personnel policies referred to in the immediately preceding article.
Accordingly, violations of a Collective Bargaining Agreement, except those which
are gross in character, shall no longer be treated as unfair labor practice and
shall be resolved as grievances under the Collective Bargaining Agreement. For
purposes of this article, gross violations of Collective Bargaining Agreement
shall mean flagrant and/or malicious refusal to comply with the economic
provisions of such agreement.
The Commission, its Regional Offices and
the Regional Directors of the Department of Labor and Employment shall not
entertain disputes, grievances or matters under the exclusive and original
jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and
shall immediately dispose and refer the same to the Grievance Machinery or
Voluntary Arbitration provided in the Collective Bargaining Agreement.
Article 262. Jurisdiction
over other labor disputes. The Voluntary Arbitrator or panel of
Voluntary Arbitrators, upon agreement of the parties, shall also hear and
decide all other labor disputes including unfair labor practices and bargaining
deadlocks.
Article 262-A. Procedures. The
Voluntary Arbitrator or panel of Voluntary Arbitrators shall have the power to
hold hearings, receive evidences and take whatever action is necessary to
resolve the issue or issues subject of the dispute, including efforts to effect
a voluntary settlement between parties.
All parties to the dispute shall be
entitled to attend the arbitration proceedings. The attendance of any third
party or the exclusion of any witness from the proceedings shall be determined
by the Voluntary Arbitrator or panel of Voluntary Arbitrators. Hearing may be
adjourned for cause or upon agreement by the parties.
Unless the parties agree otherwise, it
shall be mandatory for the Voluntary Arbitrator or panel of Voluntary
Arbitrators to render an award or decision within twenty (20) calendar days
from the date of submission of the dispute to voluntary arbitration.
The award or decision of the Voluntary
Arbitrator or panel of Voluntary Arbitrators shall contain the facts and the
law on which it is based. It shall be final and executory after ten (10)
calendar days from receipt of the copy of the award or decision by the parties.
Upon motion of any interested party, the
Voluntary Arbitrator or panel of Voluntary Arbitrators or the Labor Arbiter in
the region where the movant resides, in case of the absence or incapacity of
the Voluntary Arbitrator or panel of Voluntary Arbitrators, for any reason, may
issue a writ of execution requiring either the sheriff of the Commission or
regular courts or any public official whom the parties may designate in the
submission agreement to execute the final decision, order or award.
Article 262-B. Cost of
voluntary arbitration and Voluntary Arbitrator’s fee. The parties to a
Collective Bargaining Agreement shall provide therein a proportionate sharing
scheme on the cost of voluntary arbitration including the Voluntary
Arbitrator’s fee. The fixing of fee of Voluntary Arbitrators, whether
shouldered wholly by the parties or subsidized by the Special Voluntary
Arbitration Fund, shall take into account the following factors:
Nature of the case;
Time consumed in hearing the case;
Professional standing of the Voluntary
Arbitrator;
Capacity to pay of the parties; and
Fees provided for in the Revised Rules of
Court.
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