Labor-issues.docx

CANETE, GLYKIE

1) ISSUE: Only the supervisory employees were given wage increase.

RESOLUTION: The company granted an increase to its supervisory employees, so it is unfair to deny a wage increase to the rank-and-file workers. For a fair treatment, wage increase may be given to rank-and-file employees since a particular division may have lost money, but other divisions may make up for it, so there will be net income as a whole (LMG CHEMICALS CORPORATION vs. THE SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT)

2) ISSUE: The company did not comply with the collective bargaining agreement as to the provision on training allowance.

RESOLUTION: The company committed violation. A Collective Bargaining Agreement is “a contract executed upon the request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after the negotiations 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.” A collective bargaining agreement being a contract, its provisions “constitute the law between the parties” and must be complied with in good faith. Therefore, the allowance of the members of the company/bargaining unit must be computed based on Article X of their CBA.

3. ISSUE: The Employees do not want to extend the validity of the CBA.

RESOLUTION: Possible. GR: A CBA has term five years, except for representation may be negotiated not later than three years after the execution. XPN: A CBA may be extended beyond five years if there is an agreement between the Employer and the Labor Union to extend its lifetime or to suspend the CBA.

4. ISSUE: grievance against for discrimination, favoritism, unfair labor practices, not flexible harassment, promoting divisiveness and sectarianism allegedly constitute ULP.

RESOLUTION. If the allegation did state that they were done to encourage or discourage membership in a labor organization, cannot be constituted as ULP. See Labor Code for specific complaints/enumeration for ULP.