definition and framework-a

8/2/2019 Definition and Framework-A

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Labor Relations

Labor or Industrial relations- pertains to a set ofprocesses and procedures utilized by the unionand employer to attain their respective goals.

Union concerns are usually focused on:

1. Wage Setting

2. Freedom of association principles3. Job security

4. Better terms and conditions of work

5. Dispute settlement


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Labor Relations

Management concerns-

1. Higher Profits

2. Market expansion

3. Higher productivity

4. Development of New Products and Services

5. Customer SatisfactionApproaches to resolve differences

1. Conflict or uncompromising attitude

2. Armed truce attitude


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Labor Relations

3. Power Bargaining as an alternative

4. Accommodation

5. Cooperation

6. Collusion- looked upon as generating too muchharmony.

3 Major Actors in the Labor relations

1. Employer-their organizations

2. Workers- their unions/labor organizations


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Labor Relations

3. Government- in its role as regulator or arbiter

Workers(Union)

GoalsInterestNeeds

Strategies

Process1. Collective

Bargaining

2. DisputeSettlement

3. Separation4. Participation indecision making

Employer(Management)

Goals

InterestsPhilosophystrategies


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Unionism

Union- is a voluntary organization of workerswhose aim is to fight for and protect workers,their terms and conditions of employment, andtheir rights as well a democratize power in theworkplace.

Aspects of workers interest- 1. Economic Democracy-workers secure for

themselves their rightful share of the fruits oftheir labor.


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Unionism Political Democracy-Unions are formed to allow

workers to participate in decision-making on

matters affecting them. Self-esteem and recognition-workers form unions tohelp each other gain the respect that is not usuallygiven to the workers.

Types of unions

1. Independent Union-any labor organizationoperating at the enterprise level whose legalpersonality is derived through an independentaction for registration prescribed by law(Art.234)-Rule II


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Unionism

2. National union federation-means any labororganization with at least 10 local chapters oraffiliates, each of which must be duly certified orrecognized collective bargaining agent.

3. Industry Union- a legitimate labor organization

operating in an identified industry organized forcollective bargaining and duly registered with theDOLE. Ex. National union of workers in Hotelsand related industries.


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Collective Bargaining

-Extends to all negotiations that take placebetween an employer, a group of employers or oneor more employers organization and one or moreworkers organizations for:

a) Determining working conditions and terms of

employment; and/orb) Regulating relations between employers or

their organizations and workers organization.


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c) Regulating relations between employers or theirorganizations and a workers organization .

The process includes:-

1. Proposals and counter proposals

2. Demands and counter demands

3. Constant communication between the unionand management


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Theories of Collective Bargaining1. Economic theory- secure higher wages and better

terms and conditions of work.2. Social theory- to eradicate or lessen their jobalienation due to work automation orcomputerization.

3. Political Theory- unions aim to gain influence

upon legislation, informal or formal governmentinterventions.4. Dualistic theory- unions can pursue their economic

and political thrusts at the same time at the firmlevel .


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Collective BargainingTheories Goals of Unions CBA Provisions

Theories Goals of Unions CBA Provisions

Economic Secure higher wages, better terms and

conditions of work, improve livingstandards

Across the-board

increase, bonusesallowances

Social Eradicate work alienation and gain respectand recognition

Hours of work, leaveshealth care benefits ,promotions

Political Secure unity and strength of workers,democratize power

Union security, grievancemachinery, security oftenure, labor managementcommittee

Dualism Perform both economic and politicalthrusts simultaneously

Across-the-board increaseUnion security


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Collective Bargaining Approaches and Types of Collective Bargaining1. Traditional, distributive Bargaining-involves

the distribution of wages and benefits2. Integrative or interest-based Bargaining-they

both (union/management) recognize the needto make concession to secure a mutually

beneficial compromise.3. Concession Bargaining- occurs when

something of importance is given back tomanagement ex. wage cuts.


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Collective Bargaining Principles of Collective Bargaining1. Duty to Bargain collectively

2. Disclosure of information3. Recognition of opposing interests between

labor and management4. Settlement of the clash of interests by means of

compromise5. Nonviolence6. Bargaining autonomy- Gov. intervention

should be kept at a minimum


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7. Incorporation of agreements in a writtencontract

8. Resolution of disputes- a machinery forgrievances shall be established


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Grievance and Arbitration

Grievance- a complaint of an employee or group of employees

involving wages, conditions of employment, interpretation of the CBA. Purposes of Grievance Machinery

Purpose ofgrievance

machinery

Look afteremployeesconcerns

Improveworkrelations

Verifyemployee

grievance

Smooth flow ofcommunication

Settledisputes/differencesproperly

Study complaints anevaluation policies


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Typical Grievance Procedure in a Unionized firm

Mgt. Rep.

Arbitrator

CEO/Gen.

Mgr.

Union Pres.

HRD HeadGrievanceCommittee

WrittenGrievance

ImmediateSupervisor

ShopStewardVerbal Presentation

Aggrieved Employee


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Arbitration

Arbitration- parties submit the case to animpartial third party for resolution.

Options-

a) Voluntary arbitration- A commonly agreedupon accredited voluntary arbitrator is chosen to

decide on the case.b) Compulsory arbitration-Filing the case at the

DOLE for final decision.


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Arbitration

Factors used to evaluate the fairness ofmanagement actions:

1. Nature of the offense

2. Due Process

3. Grievants past record/length of service

4. Knowledge of rules, warnings, lax ofenforcement of rules

5. Discriminatory treatment

definition and framework-a

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