employees in the exercise of their rights to self-organization 2. To require as a condition for employment, requires a person or employee not to joim organization or shall withdraw fromone to which he or she belongs. 3.To contract out services or function being performed by union members when such will interfere with restrain or coerce employees in the exercise of their right to self-organization 4.To initiate, dominate , assist or otherwise interfere with the formation or administration of any labor organization including the giving of financial support to it. 5.To discriminate in regard to hire or tenure of employment or any term or condition of employement in order to encourage or discourage membersihp in any labor organization 6. To dismiss, discharge, prejudice or discriminate against an employee for having given or is about to give testimony under the Labor Code 7.To violate the duty to bargain collectively as provided by the Labor Code. 8.To pay negotiation or attorney’s fee to the union or its officer or agents as part of the settlement of any issue in collective bargaining or any other dispute 9.To violate a collective bargaining agreement The officers or agents only of this corporation or association are the only ones that is criminally liable 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 acquistion or retention of membership 2.To cause or attempt to cause an employer to discriminate against employee including discrimination against an employee whose membership in such organization has been denied or terminated on any ground other than the usual terms and conditions membership or continuation of member ship is made available to other members 3.To violate the duty or refuse to bargain collectively with the employer, provided that is the representative of the employees 4.To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value, in the nature of exaction , for services which are not performed, including the demand for a fee for union negotiations 5. To ask for or accept negotiation or attorney’s fees from ask part of the settlement of any issue in collective bargaining or any other dispute 6. To violate a collective bargaining agreement. IMPLOYEES IN A COMPANY THAT ARE NON- UNINONIZED WILL NEVER THINK OF LABOR ORGANZATIONS OR HAVING A LOCAL UNION REPRESENTING THEM WHEN TERMS AND CONDITIONS OF EMPLOYMENT ARE PERCEIVED AS GOOD OR ATLEAST FAIR. THE COMPANY STRATEGIES IN DISCOURAGING THEIR EMPLOYEES FROM JOINING LABOR UNION ARE ENUMERATED AS FOLLOWS 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-manageral employees A. ESTABLISHMENT OF A POLICY AND PHILOSOPHY OF LABOR MANAGEMENT COOPERATION 1. ACCEPTANCE- Must accept labor union as representative 2.EMPHASIS- on the cause and solution of problems 3. Acceptance by both parties- of the principles 4.Awareness of basic obligations 5.It should represent-What workers want or need 6.Guaranteed productivity B.ESTABLISHMENT OF A REALISTIC PERSONEL PROGRAM 1.COMMUNICATION- The company must provide, a well written jobs description good management communication etc. 2.ORGANIZATION- The company must provide an efficient organizational structure 3.CAREER DEVELOPMENT AND TRAINING- The company shall be characterized by adequate training and development programs for employees 4. JOB SATISFACTION - The company is characterized by low employee labor turnover, low employee absenteeism, high employee morale, and recognition of achievement at all levels. 5. EQUIPMENT/FACILITIES – The company must have an up to date equipment and systems, adequate maintenance and safe working conditions 6.METHODS AND PROCEDURES OF WORK FLOW- The company is known to have stable product quality, minimum of lost business because of efficient service and absence of bottleneck in the work flow 7. WORK MEASUREMENT/ SCHEDULING/STAFFING – The company is known to have effective use of employees talents; good standard measurement of performance ; infrequent layoffs of personel and infrequent use of over time 8.COMPREHENSION AND BENEFITS OF PERSONNEL- The company shall be known for having equitable wages and salaries etc. C. GOOD SUPERVISOR-SUBORDINATE RELATIONSHIP D. ABIDE BY THE COLLECTIVE BARGAINING AGREEMENT (CBA)- The management and employees must abide the terms and condition of the CBA. The management should not shift from the benign to the ruthless pursuit for more profit by resorting to wage cuts, speedups and automation or combination of all three. What is Grievance ? It is defined as any real or imagined feeling of personal injustice that an employee has about the employment relationship. It also refers to any complaint regarding the terms and conditions of employment or a formal dispute that is brought to the attention of either the management or labor union for settlement What is 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 It arises when employee’s morale is low and when frustration and discontentment is prevalent among personnel due to poor supervision or to unfair management practice. 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 interpretation of the CBA 3.Unfair treatment by the subordinate by the supervisor 4.Violations of Philippine Laws on labor, health and safety 5.Faulty supervision to: a. Dictatorial tendency of a supervisor b. Refusal to listen to a 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. Grievance machinery and Voluntary arbitration requires parties to establish a grievance machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of a collective bargaining agreement or the interpretation or enforcement of company personnel policies. What is a grievance machinery? Grievance machinery, which lays down a formal process for settling complaints and stresses an employee's right to air his gripes and expect redress, is one of the chief tools of employee relations 1.The employers desire to operate as economically ass possible in their efforts to make profits, has neglected the welfare of the workers. 2.Because of the profit motive, employers exert efforts to reduce production cost very often at the expense of labor. 3.Failure of labor to see that management has right and obligation to run the business 4.Management’s indifference and arbitrariness in dealing with workers. 5.Management is often wanting on how things affecting workers ◦ Proper administration and application of the firm’s personnel policies and programs with comparison ◦ Proper implementation of labor laws and government regualtions 1.The shift in workers loyalty from management to union. 2.The reduction in managements right to discipline or even just deal with employees 3.The belligerence of labor leaders and defiant attitude of workers when dealing with management 4.Inter-union and Intra-union rivalries, which makes labor relation uncertain and create difficulties for the management 7.Harassment by the union through the filing of all kinds of complaints and grievances with grievance machinery of the company 6.Abuses of some employees because of their belief that they enjoy the protection of the law and that the government will be on their side. Health refers to the physical, mental and emotional condition of a person. A person is said to be healthy when is free from physical and mental illness and emotional problems Safety means protecting a person from diseases, in jury or death related to work 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 The Bureau of Working conditions , DOLE, is conducting a continuous programs to increase the competence of occupational health and safety of the personnel as well keep them informed of the latest trend, practices and technology in accident prevention. Collective bargaining is a process whereby representatives of both labor union and employer or management meet for the purpose of arriving at an agreement regarding the terms and conditions of employment. The agreement reached and agreed regarding the operative functions of personal is called Collective Bargaining Agreement or CBA it shall be for a term of five years 1.When the party decides to negotiate an agreement. It shall be serve to notice to the other party with a statement of its proposal 2.The other party which was notified shall reply within 10 calendar days upon receipt of 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. It is the duty of the party to participate in the conciliation meeting called the Board 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 Certain human and economic factors are necessary to set the proper climate for negotiations 1. The attitude, thinking and policy of the company’s top management as well union officers 2.The attitude, thinking, experience and knowledge of the persons doing the negotiation 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 type of business of which the establishment belongs 5.The market conditions of the company’s product and services profitability 6.The economic and other basis conditions prevailing at the time of negotiation as well as the expected future economic condition of the country. It may be declared when there is a bargaining deadlock or an unfair labor practices. Except for flagrant and malicious refusal to comply with its economic provision, violations of CBA are not considered unfair labor practice which could be a ground for strike Labor Code defines Strike as a temporary refusal of employees to work pending of a labor dispute Lockout is refusal of management or an organization to provide work to employees pending the settlement of a labor dispute 1. To compel recognition of the union 2. To exert pressure on the company during bargaining 3. To protest dismissals, transfers, layoffs, suspensions or other actions taken by the employer 4.To challenge the right of another union vying for recognition 5. To exert pressure on union demands for wage increases and other benefits Strike- A duly Authorized Bargaining Representative Lockout- The management or employer Content: 1.The names and addresses of the employer 2. The union involved and the nature of the industry where the employees belong 3. The number of union members and of the workers in the bargaining unit 4.Other relevant data to facilitate settlement of the dispute such as a brief statement or listing of all pending labor dispute involving the same parties.