9.

1 Relation –
Management Relations
 Declaration of Basic Policy

❑ shall afford protection of labor,

9.1 Relation – promote full employment,
Management Relations
ensure equal work opportunities
regardless of sex, race or creed,
and regulate the relations
between workers and
employers.
 Construction in Favor of
Labor

➢ All doubts in the

9.1 Relation –
Management Relations implementation and
interpretation of the
provisions of this Code,
including its implementing
rules and regulations, shall be
resolved in favor of labor.
 Rules and Regulations

9.1 Relation – ➢ The Department of Labor and

Management Relations Employment, and other
government agencies charged
with the administration and
enforcement of this Code, or any
of its parts, shall promulgate the
necessary implementing rules
and regulations.
 Applicability

9.1 Relation – ➢ All rights and benefits granted

Management Relations to workers under this Code,
shall except as may otherwise
be provided herein, apply
alike to all workers, whether
agricultural or non
agricultural.
9.2 LABOR UNIONS
 9.2 Labor Unions
Unionism has become a vital factor in
the commercial and industrial life.
Our laws protect the organization of
labor unions. In fact, it was declared
as national policy to encourage the
formation of labor unions as
indicated in the following provisions
of the Labor Code.
 Declaration of Policy A
1.To promote the primacy of free collective bargaining
including voluntary arbitration, mediation, and
conciliation as modes of settling labor or industrial
disputes;
2. To promote free trade unionism as an instrument for
the enhancement of democracy, and the promotion of
social justice and development;
3. To foster the free and voluntary organization of a
strong and united labor movement;
4. To promote the enlightenment of workers,
concerning their rights and obligations as union
members, and as employees.
5. To provide an adequate administrative machinery, for the
expeditious settlement of labor or industrial disputes;

6. To ensure a stable but dynamic and just industrial peace; 7.

To ensure the participation of workers in deciding and policy-
making processes affecting their rights, duties, and welfare.

Declaration of Policy B
- No court or administrative agency, or official, shall
have the power to set or fix wages, rates of pay,
hours of work, or other terms and conditions of
employment, except as otherwise provided under
this Code.
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The following terms are defined in

Article 212 of the Labor Code of the
Philippines.
Header 5 Header 1 Header 2 Header 3 Header 4

Labor Organization - any union or association of

employees which exists in whole or in part, for the
purpose of collective bargaining, or of dealing with
employers concerning terms and conditions of
employment.
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Legitimate labor organization - any labor

organization duly registered with the
Department of Labor and Employment, and
includes any branch, or local thereof.
Header 2 Header 3 Header 4 Header 5 Header 1

Company Union - any labor organization whose

formation, function or administration has been
assisted by any act defined as unfair labor practice
by the Code.
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Bargaining Representative - means a legitimate labor

organization whether or not employed by the
employer.
9-4 Company Policy on Labor
Union Relations

❑ To recognize the union as an organization that is

endeavoring to improve the social and economic status
of those it represents; to deal with its officers and those
they represent sincerely, considerately and on a
business like with the view to developing greatest
mutual confidence and respect.

❑ To abide by the spirit and letter of government rules

and regulations, which guarantee the rights of
employees to organize and to choose representatives
for the purposes of collective bargaining, settlement of
grievances, etc.
 9-4 Company Policy on Labor
Union Relations

❑To administer contracts which the

company has entered into with this
organization on hours of work, rates of
pay, and other conditions of
employment strictly in accordance with
the intent of the provisions.

❑To administer formal written practices

affecting employee on a consistent and
impartial basis in accordance
9-5 WHY EMPLOYEES JOIN UNIONS/LABOR GROUP?
1. COMPULSORY UNION MEMBERSHIP OF EMPLOYEES AS A REQUIREMENTS FOR
EMPLOYEES
2. SELFISHNESS OR FOOLISHNESS OF COMPANY OR BOTH
3. EMPLOYER’S UNFAIR AND ARBITRARY TREATMENT OF EMPLOYEES.
4. WORKERS REALIZATION THAT THEY MUST BAND TOGETHER TO PROTECT THEIR
INTERESTS AND SAVE THEMSELVES FROM EXPLOITATION AND UNJUST TREATMENT
OF THE EMPLOYER.
5. DISCONTENT WITH EARNINGS BECAUSE OF INEQUALITY OF PAY OR LOW WAGES.
6. LONG HOURS OF WORKS.
7. MANAGEMENT FAILURE TO EQUAL TREATMENT
8. THE FEELING OF SECURITY IN EMPLOYMENT AND ECONOMIC ADVANTAGE THROUGH
COLLECTIVE ACTION
9. ENLISHMENT BY MEMBERS OF CO-EMPLOYEES
10.THE DESIRE TO SEEK SOLUTIONS TO A COMMON PROBLEMS AND ASPIRATION
TOGETHER. EMPLOYEES KNOW THAT IN UNION THERE IS A STRENGTH.
9-6 WHY SOME EMPLOYEES DO NOT JOIN UNIONS?

❑ ANOMALIES IN HANDLING UNION MATTERS, SPECIALLY OF UNION FUNDS,

AND OTHER CORRUPT PRACTICES BY SOME UNION LEADERS
❑ THEY DON’T WANT TO PAY UNION DUES AND FEES.
❑ BELIEF THAT UNION MEMBERSHIP MAY HARM CHANCES FOR PROMOTION.
❑ NEGATIVE OPINION TOWARDS UNIONS
❑ THEY DO NOT BELIEVE THAT UNIONS CAN IMPROVE THEIR EMPLOYMENT
STATUS.
❑ THEY PREFER TO MAINTAIN THEIR RELATIONS WITH MANAGEMENT ON
THE PROFESSIONAL LEVEL, RATHER THAN TROUGH UNIONS.
❑ THESE CLASS EMPLOYEES BELIEVE THAT IF THEY ARE NOT SATISFIED
WITH THEIR COMPANY , THEY CAN EASILY GET OUT AND GET JOBS IN
OTHER COMPANIES.
▪ IN GENERAL PROFESSIONAL AND TECHNICAL EMPLOYEES CONSIDER UNIONS
INIMICAL TO THEIR INDIVIDUAL PROGRESS.

THE BELIEF OF THE EMPLOYEES TO BE TREATED AND RECOGNIZED INDIVIDUALLY

FOR THEIR GOOD PERFORMANCE ON THE BASIS OF MERIT.
9-7 UNFAIR LABOR PRACTICES
UNFAIR LABOR PRACTICES ARE THE ACTION TAKEN BY THE EMPLOYERS OR UNION THAT ARE ILLEGAL
UNDER THE NATIONAL LABOR RELATION ACTS(NLRA) AND OTHER LABOR LAWS. SOME OF THESE
RULES APPLY TO THE INTERACTIONS BETWEEN THE EMPLOYER AND THE UNION OTHERWISE PROTECT
INDIVIDUAL WORKERS FROM UNFAIR TREATMENT BY THE EMPLOYERS OR THE UNION.

ULP UNFAIR LABOR PRACTICES -IT’S A CHARGE FILED WITH THE NATIOAL LABOR RELATION BOARD
(NLRB) BY UNIONS OR EMPLOYERS, THAT EMPLOYEERS OR LABOR ORGANIZATIONS HAVE COMMITTED
UNFAIR LABOR PRACTICES UNDER THE NATIONAL LABOR RELATION ACT.

UNFAIR LABOR PRACTICES DISRUPT INDUSTRIAL PEACE AND HINDER THE PROMOTION OF HEALTHY
AND STABLE LABOR MANAGEMENT RELATIONS. IT ALSO VIOLATES THE CIVIL RIGHTS OF BOTH LABOR
AND MANAGEMENT.IT IS A CRIMINAL OFFENSE AGAINST THE STATE, AND IS SUBJECTED TO
PROSECUTION AND PUNISHMENT. CIVIL CASES INVOLVING UNFAIR LABOR PRACTICES MAY COVER
CLAIMS FOR ACTUAL, MORAL, EXEMPLARY, AND OTHER FORMS OF DAMAGES, ATTORNEY’S FEES AND
OTHER AFFIRMATIVE RELIEF UNDER THE JURISDICTION OF THE LABOR ARBITERS.
9-8 UNFAIR LABOR PRACTICES BY THE EMPLOYER

EMPLOYER MAY COMMIT UNFAIR LABOR PRACTICES UNDER THE FOLLOWING CONDITIONS:

1. TO INTERFERE WITH RESTRAIN OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS TO SELF-
ORGANIZATION.
2. TO REQUIRE A CONDITION FOR EMPLOYMENT, REQUIRES A PERSON OR EMPOYEE NOT TO JOIN A LABOR
ORGANIZATION.
3. TO CONTRACT OUT SERVICES OR FUNCTION BEING PERFORMED BY UNION MEMBERS WHEN SUCH WILL
INTERFERE WITH RESTAIN OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHT TO SELF ORGANIZATION.
4. TO INITIATE, DOMINATE, ASSIST OR OTHERWISE INTERFERE WITH THE FORMATION OF ORGANIZATION
ADMINISTRATION OF ANY LABOR ORGANIZATION INCLUDING THE GING OF FINANACIAL SUPPORT TO IT.
5. TO DISCRIMINATE IN REGARD TO HIRE OR TENURE EMPLOYMENT OR ANY TERM OR CONDITION IN ORDER TO
ENCOURAGE OR DISCOURAGE MEMBERSHIP IN ANY LABOR ORGANIZATION.
6. TO DISMISS, DISCHARGE, PREJUDICE OR DISCRIMINATE AGAINST AN EMPLOYEE OF HAVING GIVEN OR IS ABOUT
TO GIVE TESTIMONY UNDER THE LABOR CODE.
7. TO VIOLATE DUTY BARGAIN COLLECTIVELY AS PROVIDED BY THE LABOR CODE.
8. TO VIOLATE A COLLECTIVE BARGAINING AGREEMENT.
9. TO PAY NEGOTIATION OR ATTORNEY’S FEES TO THE UNION OR AGENTS AS PART OF THE SETTLEMENT OF ANY
ISSUES IN COLLECTIVE BARGAINING OR NY OTHER DISPUTES.
TAKE NOTE THAT ONLY THE OFFICER AND AGENTS OF CORPORATIONS OR
ASSOCIATIONS WHO HAVE ACTUALLY PARTICIPATED IN AUTHORIZED OR RATIFIED
UNFAIR LABOR PRACTICES WILL BE CRIMINALLY LIABLE.
Busico

9-9 UNFAIR LABOR PRACTICES BY LABOR UNION

• 1. To restrain or coerce employees in the exercise of their right to self-organization.
Labor organizations, however, has the right to prescribe rules regarding acquisition or
retention of membership.
• 2. To violate the duty or refuse to bargain collectively with the employer, provided that
it is the representative of the employees
• 3. To ask for or accept negotiation or attorney's fees from employers as part of the
settlement of any issue in collective bargaining or any other dispute.
• 4. To violate a collective bargaining agreement.
 9-10 STRATEGIES TO DISCOURAGE UNIONISM

• 1. To have an effective personnel planning, recruitment, selection and placement .

• 2. Effective training and development programs for employees.
• 3. Effective performance evaluation.
• 4. Effective compensation of employees.
• 5. Effective employees maintenance.
• 6. Effective labor-management relations.
• 7. Effective supervision of non-managerial employees.
 9-11 EFFECTIVE LABOR-MANAGEMENT RELATIONS
A. Establishment of a Policy and Philosophy of Labor Management Cooperation
1. Acceptance – Management must accept the labor union as the official representative and
protector of employee’s interest
2. Emphasis – on the cause and solution to problem, rather than on legal technicalities.
3. Awareness of basic obligations – Both management and labor union must be aware of
its obligations to employees Stockholders, customers and public.
4. It should represent what the workers want or need and what management should
expect in the way of responsible unionism
 9-11 EFFECTIVE LABOR-MANAGEMENT RELATIONS
B. Establishment of a Realistic Personnel Program
1. Communication – The company must provide, a well written jobs descriptions. The
workers must be aware of company’s goal and policies.
2. Organization – The company must have an efficient organizational structure.
3. Equipment/facilities – the company must be known to have an up to date equipment
and systems, good enough maintenance, and safe working conditions.
 9-11 EFFECTIVE LABOR-MANAGEMENT RELATIONS
C. Good Supervisor – Subordinate Relationship
- Its characterized by clear communication, respect, support, and fairness. Supervisors
provide guidance, listen to their team members, give constructive feedback, and create a
positive work environment where employees feel valued and motivated. This fosters higher
productivity and job satisfaction among employees.
 9-11 EFFECTIVE LABOR-MANAGEMENT RELATIONS
D. Abide by the Collective Bargaining Agreement (CBA)

- both employers and employees agree to follow the terms and conditions negotiated in the
agreement. This includes aspects such as wages, working hours, benefits, and working
conditions. By adhering to the agreement, both parties commit to resolving disputes
peacefully and fairly, promoting a cooperative and stable work environment.
GRIEVANCES and COMPLAINT
GRIEVANCE
.

Grievance is defined as any real or

imagined feeling of personal
injustice that an employee has
about the employment relationship.
This feeling does not have to be
expressed to become a grievance.
Neither, it has to be true or correct.
A feeling that arises from imaginary
situations or from false reasoning is
still a grievance if it causes a feeling
of injustice.
Causes of Grievance

Grievances arises when employee's morale is low

and when frustration and discontentment is prevalent
among personnel due to poor supervision or to unfair
management practices.
1. Violation of agreement or collective
bargaining by the management or labor union.

2. Vague provisions of the collective bargaining

agreement that lead to different interpretations of the CBA.

3. Unfair treatment of a subordinate by the supervisor.

4. Violations of Philippine Laws on labor, health and or safety.

 5. Faulty supervision due to:
a. Dictatorial tendency of a supervisor;

b. Refusal to listen to employee complaint;

c. Unfair or inconsistent disciplinary actions:

d. Display of take-it-or-leave it attitudes for subordinates;

e. Not clear and insufficient instructions;

f. Failure to inform employees of changes in policy or rules;

 COMPLAINT
A complaint is referred to any dissatisfaction on the part of
an employee that is work related in an organization that is
not unionized.
The Labor Code on Grievance Machinery and
Voluntary Arbitration under Article 260

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.
 Irritants to Workers
There are some management attitudes, policies, and practices that
irritate workers. Among these are:

1. The employers desire to operate as economically as possible in their efforts to

make profits, has neglected the welfare of the workers;

2. Because of profit motive, employers exert efforts to reduce production costs very
often at the expense of labor;

3. Failure of labor to see that management has the right and obligation to run the
business. The complexity of modern business management has often arouses the
suspicion that management overloads the payroll with high salaried executives,
technicians, and consultants at the sacrifice of the rank and file worker's wages;

4. Management's indifference and arbitrariness in dealing with workers;

 Irritants to Employers
Certain practices or acts of labor on the other hand, are sources of
irritants to employers, among them are

1. The shift in worker's loyalty from management to union. Unions make use of
pressure to alienate members from their employer,

2. The reduction in management's right to discipline or even just to deal with

employees. Union members expect their union to take up any case against
management, even if they know that they have no valid case. Union officers likewise,
are quick to defend their members, whether right or wrong for they thrive on the
latter's continued support;

3. The belligerence of labor leaders and the defiant attitude of workers when dealing
with management,
4. Inter-union and intra-union rivalries, which make labor
relations uncertain and create difficulties for
management. Even if management has no fault, still it
suffers from such conflict;

5. Harassment by the union through the filing of all kinds

of complaints and grievances with the grievance
machinery of the company or with the appropriate
agencies of the government;

6. Abuses of some employees because of their belief that

they enjoy the protection of the law and that the
government will always be on their side.
Health and Safety Defined

Health refers to the physical, mental and emotional condition of a person. A

person is said to be healthy when he is free from physical and mental illness
and emotional problems.

Safety
Safety means protecting a person from diseases, in- jury or death, which
are related to his work.

Although compensation is paid for the death or disability of an employee

arising out in the course of employment, the life of a loved one cannot be
quantified in terms of money. Neither disability compensation be sufficient
enough to cover the losses caused by diseases and or accidents.
Duties of Workers on Occupational Health and Safety
Every employee is required to cooperate with his employer in
carrying out the occupational health and safety provisions of the
Labor Code.

1. To report to his supervisor any work hazard that may be

discovered in his work place or to the Regional Office of the
Department of Labor and Employment.

2. Every worker is required to use all safeguards and safety device

provided for his protection and others.

3. Every worker shall follow all instructions of the employer dealing

on the provisions on occupational health and safety.
Training on Occupational Health and Safety

The Bureau of Working Conditions, DOLE, is conducting

a continuous programs to increase the competence of
occupa- tional health and safety personnel as well as to
keep them in- formed of the latest trends, practices and
technology in accident.
 COLLECTING BARGAINING AGREEMENT
• It is an agreement reached and agreed regarding the operative
functions of personnel

Collecting bargaining is a process whereby representative of

both the labor union and employer or management meet for the
purpose of arriving at an agreement regarding the terms and
condition of employment.
 COLLECTING BARGAINING PROCEDURES
1. When a party desires to negotiate an agreement, it shall serve a
notice to the other party with a statement of its proposal

2. The other party which was notified shall reply within ten
calendar days upon receipt of the notice.

3. If the differences arise based on notice and reply, either party

may request a conference to begin not later than ten calendar
days from the request date.
4 If the dispute is not settled, the National Conciliation and
Mediation Board shall intervene upon request of either or both
parties or at its own initiative and immediately call the parties to
conciliation meetings.

5. During the conciliation proceedings in the Board, the parties are

prohibited from doing any act that may disrupt or impede the early
settlement of the disputes.

6. the board shall exert all efforts to settle dispute amicably and
encourage the parties to submit their case to a voluntary
arbitration.
 COLLECTING BARGAINING
Certain human and economic factors are necessary to set the
proper climate for negotiations such as:

1.The attitude, thinking, and policy if the company’s top

management as well as of the union officers;

2.The attitude, thinking, experience, and work knowledge of the

persons, both union and management, doing the negotiations;

3.The conditions of labor supply and demand as well as the

support of the members to the union;
4. Knowledge of the customary practices, in the types of business
or which the establishment belongs;

5.The market conditions of the company’s product and services

and their profitability;

6. The economic and other basic conditions prevailing at the time

of negotiations as well as the expected future economic conditions
of the country.
 STRIKE AND LOCKOUT
Strike or Layout may be declared when there is a bargaining
deadlock or an unfair labor practices

Labor code defines strike as comprising not only of consort work

stoppages, but also of slowdowns, mass, leaves, sit-downs,
attempts to damage, destroy or sabotage, plant equipments and
facilities and similar activities.

A lockout is a work stoppage or denial of employment initiated by

the management of a company during a labour dispute. In
contrast to a strike, in which employees refuse to work, a lockout
is initiated by employers or industry owners.
 REASONS WHY UNIONS STAGE A STRIKE

• to compel recognition of the union

• to exert pressure and the company during bargaining

• to protest dismissals, transfers, layoffs, suspensions or other

actions taken by the employer,

• to challenge the right of another union vying for recognition

• to exert pressure on union demands for wage increases and

other benefits
 NOTICE OF STRIKE OR LOCKOUT

• formal communication issued by an employer or a labor

union to inform the other party of their intention to
initiate a strike or a lockout.
The Content of the Notice should state the following in
Labor-Managemebt Relations
• the names and addresses of the employer

• the union involved in the nature of the industry where the

employees belong

• the number of union members and the workers in the

bargaining unit

• other relevant data to facilitate settlement of the dispute such

as a brief statement are listing of all pending labor dispute
involving the same parties