COLLECTIVE BARGAINING

AGREEMENT
Examples and
Discussions
Group 1
Leyte Commercial Center, Inc.,
and Leyte Commercial Center,
Inc. Employee’s Union
 Leyte Commercial Center, Inc., and
Leyte Commercial Center, Inc.
Employee’s Union
The Business: A commercial enterprise
Bargaining Unit: Rank and File Office Personnel
 Original Provision Issue
EMPLOYER EMPLOYEE
Article IV Sec. 1 There should be no The provision does not afford
Probation period. An employee probationary period because it the Employee ample time to
hired by the CORPORATION will restrict the right of the gain mastery of the
shall be required to undergo a management to choose efficient employment.
probationary period of five (5) and effective employees.
continuous calendar months. If,
upon completing the
probationary period, the
employee is retained, he shall
automatically be granted a
permanent status. The
probationary period may be
shortened at the discretion of
the CORPORATION.

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 Original Provision
Article IV Sec. 1
Probation period. An employee hired by the
CORPORATION shall be required to undergo a
probationary period of five (5) continuous
calendar months. If, upon completing the
probationary period, the employee is retained,
he shall automatically be granted a permanent
status. The probationary period may be
shortened at the discretion of the
CORPORATION.
Proposed
Article IV Sec. 1
Probation period. An employee hired by the
CORPORATION shall be required to undergo a
probationary period of six (6) continuous
calendar months. If, upon completing the
probationary period, the employee is retained,
he shall automatically be granted a permanent
status. The probationary period may be
shortened at the discretion of the
CORPORATION.
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 Original Provision Issue
EMPLOYER EMPLOYEE
Article IV, Sec. 6 It is an unfair and oppressive The Employees’ jobs and
Contracting out. The provision in light of the functions which involves
CORPORATION shall not, on any expansion of business activities that are directly
occasion, contract out jobs or transactions, where it has related to the principal
functions regularly performed become inevitable to venture business of the Company
by the permanent rank and file into outsourcing as an should not be contracted out
employees covered by the CBA. installment of labor-saving unless done in good faith and
device. justified by exigencies.

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 Original Provision
Article IV, Sec. 6
Contracting out. The CORPORATION shall not,
on any occasion, contract out jobs or functions
regularly performed by the permanent rank
and file employees covered by the CBA.
Proposed
Article IV, Sec. 6
Contracting out. The CORPORATION shall not,
except upon determination that no employee
is qualified, contract out jobs or functions
regularly performed by the permanent rank
and file employees covered by the CBA.
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 Original Provision Issue
EMPLOYER EMPLOYEE
Article XI, Sec. 2 The phrase “regardless of length It would be unfair to force a
Compulsory retirement. Any of service in the CORPORATION”, is person to retire at the age of 45
employee who reaches the age of prejudicial to the Employer. The without compelling reason for
forty-five (45) years, shall be rationale of retirement benefits is doing so.
subject to compulsory retirement, to award the Employee for his
regardless of length of service in loyalty and dedication to the
the CORPORATION. company. The provision, however,
suggests that the employee could
just be newly hired 1 year before
his 45th birthday and after such, he
may be entitled to retirement pay.
This is contrary to the prevailing
spirit of the law and is oppressive
to Capital.

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 Original Provision
Article XI, Sec. 2
Compulsory retirement. Any employee who
reaches the age of forty-five (45) years, shall be
subject to compulsory retirement, regardless of
length of service in the CORPORATION.
Proposed
Article XI, Sec. 2
Compulsory retirement. Any employee who
reaches the age of fifty-five (55) years or more,
but not beyond sixty (60) years which is
hereby declared the compulsory retirement
age, who has served for 5 years in the said
establishment, shall be entitled to optional
retirement. [Deleted: regardless of length of
service in the CORPORATION.]
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 Original Issue Proposed
Provision
EMPLOYER EMPLOYEE
NONE No Strike, No Lock out ARTICLE IV, Section 9. NO STRIKE, NO LOCKOUT. Neither
Clause the Union nor any member of the bargaining unit shall,
during the term of this Agreement, instigate, engage in,
support, encourage, or condone any strike, work
stoppage, other concerted refusal to perform work, or
other action interfering with the operation of the
Company. In the event that a strike occurs, the Union
shall immediately notify the involved member(s) that
they are in violation of this Agreement and shall instruct
them to cease the strike and to resume their duties
during the term of this Agreement. Neither the Company
nor any member of the Administration shall, during the
term of this Agreement, instigate, engage in, support,
encourage, or condone any lockout. In the event that a
lockout occurs, the Company shall immediately notify the
involved administrator(s) to cease the activity and to
correct the situation.

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 Original Issue Proposed
Provision
EMPLOYER EMPLOYEE
NONE A new provision ARTICLE IV, Section 1. A Labor
shall be Management Council shall be established,
established to it shall be composed of up to six (6)
create a Labor and representatives from labor and up to six
Management (6) representatives from management
Council. employed at the company. More
representatives may participate, subject
to mutual agreement. Both sides shall be
equally represented and appointed by
their respective parties.
DONE