Supervisory employees - those who in the interest of The automatic renewal clause of Collective
the employer, effectively recommend such managerial Bargaining Agreements means that although a CBA has
actions if the exercise of such authority is not merely expired, it continues to have legal effects as between
routinary or clerical in nature but requires the use of the parties until a new CBA has been entered into. This
independent judgment is so because the law makes it a duty of the parties to
keep the status quo and to continue in full effect the
Labor Organization - any union or association of terms and conditions of the existing agreement until a
employees in the private sector which exists in whole or new agreement is reached by the parties
in part for the purpose of collective bargaining or for
dealingwith employers concerning terms and conditions Pending renewal of the CBA, the parties are bound to
of employment. keep the status quo and to treat the terms and
conditions embodied therein still in full force and effect,
Collective bargaining - democratic framework to until a new agreement is reached by the union and
stabilize the relation between labor and management to management.
create a climate of sound and stable industrial peace
Impasse - reasonable effort at good-faith bargaining
Collective Bargaining Agreement (CBA) which, despite noble intentions, does not conclude in an
- contract executed upon request of either the agreement between the parties
employer or the exclusive bargaining - exists when good faith bargaining on the part of
representative of the employees incorporating the parties has failed to resolve the issue and
the agreement reached after negotiations with there are no definite plans for further efforts to
respect to wages, hours of work and all other break deadlock.
terms and conditions of employment, including
proposals for adjusting any grievances or Deadlock - signals rather the need to continue the
questions under such agreement bargaining with the assistance of a third party as
conciliator or arbitrator whose first aim is to get the
Exclusive Bargaining Representative - any legitimate parties back to the negotiating table and help them craft
labor organization duly recognized or certified as the a win-win solution.
sole and exclusive voluntary of all the employees in a
bargaining unit." The bargaining representative of the Surface Bargaining - sophisticated pretense in the
employees is an entity - the union - and not the officers form of apparent bargaining, does not satisfy the
of the union. The entity remains though the officers are statutory duty to bargain, not negotiating on the
changed. mandatory subjects
- - going through the motions of negotiating”
The collective bargaining should begin within the 12 without any legal intent to reach an agreement.
months following the determination and certification of The determination of whether a party has
the employees' exclusive bargaining representative. engaged in unlawful surface bargaining is a
This period is known as the "certification year." question of the intent of the party in question,
which can only be inferred from the totality of
The duty to bargain collectively means the the challenged party’s conduct both at and
performance of a mutual obligation to meet and away from the bargaining table. It involves the
convene promptly and expeditiously in good faith for the question of whether an employer’s conduct
purpose of negotiating an agreement with respect to demonstrates an unwillingness to bargain in
wages, hours of work and all other terms and conditions good faith or is merely hard bargaining
of employment including proposals for adjusting any
grievances or questions arising under such agreement Blue-Sky Bargaining - “unrealistic and unreasonable
and executing a contract incorporating such demands in negotiations by either or both labor and
agreements if requested by either party but such duty management, where neither concedes anything and
does not compel any party to agree to a proposal or to demands the impossible”
make any concession. (without the mandatory subjects, CBA is invalid
and not bargaining in good faith) Boulwarism – take-it-or-leave-it bargaining
- When there is a collective bargaining
agreement, the duty to bargain collectively shall Horse Trading Approach – each side eventually
also mean that neither party shall terminate nor compromising initial unreasonable positions, it
modify such agreement during its lifetime(5 years). advertised its initial proposals as fair and firm
- either party can serve a written notice to
terminate or modify the agreement at least sixty Principle of hold over - in the absence of a new CBA,
(60) days prior to its expiration date. It shall be the parties must maintain the status quo and must
the duty of both parties to keep the status quo continue in full force and effect the terms and conditions
and to continue in full force and effect the terms of the existing agreement until a new agreement is
and conditions of the existing agreement during reached
representation of all the workers in the appropriate
Collective Bargaining Unit - group of employees collective bargaining unit.
sharing mutual interests within a given employer unit,
comprised of all or less than all of the entire body of Union Election - object is to elect officers of the union
employees in the employer unit or any specific Election Bar - The 12-month Bar - filing of a petition
occupational or geographical grouping within such within one (1) year from the date of recording of the
employer unit. voluntary recognition, or within the same period from a
valid certification, consent or run-off election where no
Globe Doctrine - The desires of the employees are appeal on the results of the certification, consent or run-
relevant to the determination of the appropriate off election is pending.
bargaining unit. The relevancy of the wishes of the - Existing CBA - filing the petition before or after
employees concerning their inclusion or exclusion from the freedom period of a duly registered
a proposed bargaining unit is inherent in the basic right collective bargaining agreement; provided that
to self-organization. While the desires of employees the sixty-day period based on the original
with respect to their inclusion in bargaining unit is not collective bargaining agreement shall not be
controlling, it is a factor which would be taken into affected by any amendment, extension or
consideration in reaching a decision. renewal of the collective bargaining agreement.