LABOR RELATION

MANAGEMENT

 In a broad sense, to the relationships between the

employees on one hand and management on the other
This also covers the relationship between management
and labor unions in unionized companies.

LABOR RELATIONS

 the administration and application of personnel policies

and programs adopted by management
the administration of the collective bargaining contracts
with the union
the solution of day-to-day problems that rise in
connection with labor and social legislation and
government rules relative to employee-employer
relations.

IMPORTANCE

 The old concept of general indifference and passiveness

in labor management relations, expressed in the laissez
faire philosophy has given way to the idea that the
government should assure the role of guardian over the
interests of labor.

BACKGROUND

 The second concept born of modern industrialization is

that the employer has a social and moral responsibility to
ameliorate the lot of his employees.
The third is the idea of social justice
The fourth concept is the modern idea that the
government should actively intervene in labor disputes
because such disputes are costly both to the disputants
and the public, and may even cripple the countrys
economy

 (1) by conciliation or mediation through the Department

of Labor and Employment
(2) by voluntary arbitration
(3) by compulsory arbitration. The Constitution and the
Labor Code enunciates the preferential modes of settling
disputes through conciliation, mediation, or voluntary
arbitration.

CASES WHERE
GOVERNMENT INTERVENES

 A labor problem is a difficult caused by impaired

relations between employees and management as a result
of dissatisfaction, irritation, complaints, grievance, and
misunderstanding between an employee and his or her
employer with regard to an employment-related situation.

LABOR DISPUTE

 Section 9. The state shall promote a just and dynamic social

order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.
Section 10. The state shall promote social justice in all phases of
national development.
Section 20. The state recognizes the indispensable role of the
private sector, encourages private enterprises, and provides
incentives to needed investments.

1986 CONSTITUION

 Section 9 Article II:

The stat6e shall afford protection to employments and
equality in employment, ensure equal work opportunities
regardless of sex, race, or creed, and regulate the
relations between workers and employers. The state shall
assure the rights of workers to self-organization,
collective bargaining, security of tenure, and just and
humane conditions of work. The state may provide for
compulsory arbitration.

A labor problem is a difficult caused by impaired

relations between employees and management as a result
of dissatisfaction, irritation, complaints, grievance, and
misunderstanding between an employee and his or her
employer with regard to an employment-related situation.

Labor Dispute

 The shift of workers loyalty from management to union.

The reduction in managements right to discipline or even just
to deal with employees, once they become union members.
Inter-union and intra-union rivalries which make labor
relations uncertain and create difficulties for management.
Acts of harassment by the union by way of filing all kinds of
complaints and grievances with the grievance machinery.
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.

IRRITANTS TO WORKERS AND

EMPLOYERS

 The desire of employers to operate as economically as possible

in their efforts to make profits, while neglecting the welfare of
workers.
Modern business management practices of overloading the
payroll with high-salaried executives, technicians, and
consultants, while scrimping on workers wages.
Managements indifference and arbitrariness in dealing with
workers.
Managements resentment of the undue protection by the
government of employees and unions through pieces of
legislation.
Certain practices or acts of labor, on the other hand, are sources
of irritants to employers

The following rights of labor under the 1986 Constitution

are also embodied in the Labor Code
Right to protection by the state;
Right to full employment;
Right to equal work opportunities regardless of sex, race
or creed;
Right to self-organization;
Right to collective bargaining and negotiations;

LABOR RIGHTS

Right to security of tenure;

Right to just and humane and conditions of work;
Right to peaceful, concerted activities including strikes;
Right to participate in policy and decision-making
processes affecting their rights and benefits; and
Right to compulsory arbitration as may be provided by
law.

 Promote the primary of free collective bargaining,

including voluntary arbitration and conciliation as modes
of setting labor or industrial disputes;
Promote free trade unionism as an instrument for the
enhancement of democracy and the promotion of social
justice and development;
Foster the free and voluntary organization of a strong and
united labor movement.

LABOR UNIONS

 Promote the enlightenment of workers concerning their

rights and obligations as union members and as
employees;
Provide an adequate administrative machinery for the
expeditious settlement of labor or industrial disputes;
Ensure a stable but dynamic and just industrial peace; and
Ensure the participation of workers in decision and
policy-making processes affecting their rights, duties, and
welfare.

LABOR UNIONS

UNION ORGANIZATION

REGISTERING UNIONS

Negotiating a contract of employment relationship with management;

Handling complaints and grievances of employees;
Enlisting, organizing, and indoctrinating new members;
Financing the work of the union;
Handling legal cases and pertinent problems of the union or of its members and, where necessary,
representing them in court or before government bodies, such as the National Labor Relations
Commission and the Labor Arbiters;
Conducting research work on union problems and projects;
Conducting union training and education among the officers and members;
Conducting political action;
Establishing welfare activities for the members;
Establishing linkages with other organizations;
Engaging in livelihood programs for their members;
Involvement in community activities.

WORK OF UNIONS

UNION
OBJECTIVES
Economic
objectives

Political objectives

The local union elects its own officers, establishes own

rules and policies, and administers its own affairs without
any restriction other than those imposed by the law and
policies of the federation to which it is affiliated.

LOCAL UNION

If a union is not the affiliated with any federation of unions,

it is called an independent union.

INDEPENDENT UNION

 These officials are employees of the company. They

perform their regular jobs and observe the same company
rules and regulations as the other employees.
All persons employed in commercial, industrial, and
agricultural enterprises and in religious, charitable,
medical or educational institutions whether operating for
profit or not, shall have the right to self-organization and
to form, join, or assist labor organizations for purposes of
collective bargaining agreement.

UNION OFFICERS AND

UNION MEMBERSHIP

CERTIFICATION ELECTION

- is a medium used to determine

the bargaining representative of
the employees in an appropriate
bargaining unit.

Requisites for a Certification Election

In a unionized, organized establishment, a request for a
certification election should be filed by at least 25% of
the employees in the appropriate unit.
The employer may petition the Bureau for a
certification election when asked by the employees to
bargain collectively, if the employer cannot reasonably
ascertain which labor organization is the bargaining
representative of the employees, or if two or more
labor organizations are contesting the representation.

 No certification election may be held within one year from the

date of the issuance of a final certifications election result.
If a collective bargaining agreement has been duly registered
in accordance with Article 231 of the Labor Code, a petition
for a certification election can only be entertained within 60
days before such an agreement expires.

- is a medium used to determine the bargaining

representative of the employees in an appropriate
bargaining unit.

INDEPENDENT UNION

 In a unionized, organized establishment, a request for a

certification election should be filed by at least 25% of
the employees in the appropriate unit.
The employer may petition the Bureau for a certification
election when asked by the employees to bargain
collectively, if the employer cannot reasonably ascertain
which labor organization is the bargaining representative
of the employees, or if two or more labor organizations
are contesting the representation.

Requisites for a Certification

Election

 No certification election may be held within one year

from the date of the issuance of a final certifications
election result.
If a collective bargaining agreement has been duly
registered in accordance with Article 231 of the Labor
Code, a petition for a certification election can only be
entertained within 60 days before such an agreement
expires.

Closed Shop
Union Shop
Maintenance of Membership
Agency Shop

UNION SECURITY

Collective bargaining is a process whereby management

and the union discuss and decide terms and conditions of
employment which will govern the conduct of their
relationships within the duration of the agreement.

COLLECTIVE BARGAINING

 The representation status of the collective bargaining

shall be for a period of five years. The parties are
encouraged to conclude a collective bargaining
agreement with a term of not more than five years

TERMS OF COLLECTIVE
BARGAINING AGREEMENT

VIDEO

PICKETING

AIMS:
Inform, to persuade them to join the strike, or prevent them from entering or going to
work.
Inform job applicants about the existence of a dispute with the establishment and
refrain from accepting employment there.
Persuade the picketed employer to grant the demand of this union.
Inform the public about the existence of a labor dispute in order to win their sympathy
and persuade them to refrain from patronizing the establishment or from transacting
business with it while the strike is on.

STRIKES AND LOCKOUTS

 The labor code define strike to cover not only

concerted work stoppages but also slowdowns, mass
leaves, sitdowns, as well as attempts to damage, destroy
or sabotage plant equipment and facilities, and similar
activities.
The term lockout compromises shutdowns or cessation
or suspension of business operation by the employer in
the course as a result of deadlock in collective bargaining
negotiation or a labor dispute.

CAUSES OF STRIKES AND

LOCKOUTS

 These include strikes to enforce demands

for higher wages, overtime premiums,
differential pay, short working hours,
wages adjustments, and better working
conditions.

LEGAL REQUIREMENTS OF STRIKE AND LOCKOUTS

 It is only allowed on two ground: deadlock

collective bargaining and commission on unfair
labor practices act.
The purpose of 30 or 15-day cooling-off period
is for DOLE principally through the National
Conciliation and Mediation Board, to meditate
with the parties to reach a possible amicable
settlement and avert the occurrence of a strike or
a lockout.

Unfair labor practice strike.

Economic strike.
Recognition strike.
Jurisdictional strike.
Sit-down strike.
Slow-down.
Sympathy strike.
Wildcat strike.

Kinds of Strikes

 Labor management committees (LMCs) are instituted in

establishments to improve labor-management relations,
whether they are unionized or not

LABOR MANAGEMENT
COMMITEE

 The code embodies standards concerning many aspects of

economic life, including hours of work and rest,
minimum wage fixing, occupational safety and health,
social security, labor inspection, discrimination in
employment, and freedom of association.

INTERNATIONAL LABOR
ORGANIZATION CODE

ASPECTS OF ECONOMIC LIFE

HEALTH AND SAFETY

FIRST AID TREATMENT
MEDICINES AND FACILITIES
OCCUPATIONAL HEALTH PROGRAM

THE OCCUPATIONAL SAFETY AND HEALTH

CENTER

CAUSES OF ACCIDENTS

THE EMPLOYEES COMPENSATION LAW

 Safety is the legal and moral obligation of the employer.

Cooperation in the safety program is the mutual
obligation of each individual employee including the
labor unions and the employer.
The state is also obligated by society to supervise the
protection of the working man against the dangers of
injury, sickness or death through its laws, rules and
regulations.

LEGAL PROVISIONS ON INDUSTRIAL

SAFETY

Safety education
Investigating accidents
Analyzing causes of accidents
Preparing accident statistics and reports

SAFETY DEPARTMENT

SAFETY COMMITTEE


COSTS OF ACCIDENTS