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Labor Relation Management

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LABOR RELATION MANAGEMENT

LABOR RELATION MANAGEMENTLABOR RELATIONSIn a broad sense, to the relationships between the employees on one hand and management on the otherThis also covers the relationship between management and labor unions in unionized companies.IMPORTANCEthe administration and application of personnel policies and programs adopted by managementthe administration of the collective bargaining contracts with the unionthe solution of day-to-day problems that rise in connection with labor and social legislation and government rules relative to employee-employer relations.

BACKGROUNDThe 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.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 justiceThe 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

CASES WHERE GOVERNMENT INTERVENES(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.

LABOR DISPUTEA 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.1986 CONSTITUIONSection 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.

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.

Labor DisputeA 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.

IRRITANTS TO WORKERS AND EMPLOYERS

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.

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

LABOR RIGHTSThe following rights of labor under the 1986 Constitution are also embodied in the Labor CodeRight 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;

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.

LABOR UNIONS

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; andEnsure the participation of workers in decision and policy-making processes affecting their rights, duties, and welfare.

Union Organization17REGISTERING UNIONS

WORK OF 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.

UNION OBJECTIVES

Economic objectives

Political objectives

LOCAL UNION

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.

INDEPENDENT UNION

If a union is not the affiliated with any federation of unions, it is called an independent union.

UNION OFFICERS AND UNION MEMBERSHIPThese 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.

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.

INDEPENDENT UNION

- 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.

UNION SECURITY

Closed Shop Union Shop Maintenance of Membership Agency Shop

COLLECTIVE BARGAININGCollective 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 wi