sample cba winston company inc and winston company union

7/25/2019 Sample Cba Winston Company Inc and Winston Company Union

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WINSTON COMPANY INC AND WINSTON COMPANY UNION (WCU)COLLECTIVE BARGAINING AGREEMENT

KNOWN ALL MEN BY THESE PRESENTS:

This collective Bargaining Agreement (herein called AGREEMENT) entered into this by and between:WINSTON COMPANY INC! a "hili##ine $or#oration! with #rinci#al o%%ice and #lace o% b&siness at'''''''''''''''''''''''''''''''''''''''!re#resented herein by''''''''''''''''''''''! "resident and $hie% Eec&tive %%icer! (hereina%ter called $M"AN*+)

AndWINSTON COMPANY UNION (WCU) a "hili##ine ,abor rgani-ation with #rinci#al o%%ice c.o /amahang Manggagawa ng "ilininas (/M")!at '''''''''''''''''''''''''''''''''''''''''''''''re#resented herein by '''''''''''''''''''''''''''''''! "resident (hereina%ter called 0N1N+)

WITNESSETH:23EREA/! the 0N1N has shown to the satis%action o% the $M"AN* that it re#resents the ma4ority o% the #ersonnel withinthe bargaining &nit! as herea%ter de%ined &nder ART1$,E 1 hereo%5

23EREA/! it is the intent and #&r#ose o% the #arties to this AGREEMENT to: #romote and maintainharmonio&s relations between them by establishing a clear &nderstanding relative to the rates o% #ay!

ho&rs o% wor6 and other conditions o% em#loyment o% all #ro%essional and technical em#loyees o% the $M"AN*covered by this AGREEEMENT5 by #roviding means %or amicable settlement o% all dis#&tes5 and! by otherwise m&t&ally g&aranteeing ind&strial #eace and harmony between them

N2! T3ERE7RE! %or and in consideration o% the above #remises! the $M"AN* and the 0N1N hereby agree as %ollows:

ARTICLE 1COVERAGE OF AGREEMENT

This AGREEMENT a##lies solely to all $overed Em#loyees and covered #ositions

As &sed anywhere in this AGREEMENT 8

a) A $overed Em#loyee+ is any reg&lar em#loyee who holds a covered #osition listed &nder 9ob ,evels 1 to 111 o% the $M"AN*;s 9ob $lassi%ication "lan ece#t /ervisorsclassi%ication "lan 1n case a 4ob eval&ation st&dy wo&ld res&lt to e#ansion o% 4ob levels! then the new 4ob level category will be de%ined and disc&ssed with the 0N1N! The mcom#romised 1% new #ositions will be created! the $M"AN* will in%orm the &nion abo&t the said #ositions

b) A $overed "osition+ is any in the $M"AN*;s 3ome %%ices or "rovincial %%ices which is listed &nder 4ob levels 1 to 111 o% the $M"AN*;s 9ob $lassi%ication "lan


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The %ollowing #ersonnel are considered #aying non


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Secti! #" UNION SECURITY: All $overed Em#loyees who! on the date o% the signing o% this AGREEMENT! are members o% the 0N1N or who may therea%ter 4oin the 0N1N! sh

re>&ired to remain as s&ch members in good standing as a condition %or their contin&ed em#loyment by the $M"AN*Secti! $" CHECK%OFF OF UNION DUES: 0#on #rior recei#t o% a chec6


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ARTICLE IV

COMPANY AND UNION RIGHTS AND OBLIGATIONS

Secti! 1" COMPANY RIGHT AND PREROGATIVES:The 0N1N recogni-es the $M"AN*;s right to eercise the reg&lar and c&stomary %&nctions o% management and all rights and #rerogatives inherent in the management and o#erations o

rights and #rerogatives shall not be &sed &nreasonably nor to discriminate against em#loyees! and any em#loyee who %eels aggrieved can avail o% ART1$,E 1: Grievance Machinery o% t

/#eci%ically! these #rerogatives incl&de b&t are not limited to the %ollowing:a to lay down and eec&te $M"AN* #ersonnel #olicies #rovided s&ch #olicies are not contrary to law! #&blic order and are not en%orced with grave ab&se o% discretion5b to trans%er the location o% o#eration #rovided s&ch trans%er is not #re4&dicial to the wor6er and do not constit&te 0N1N b&sting5c to hire new em#loyees and.or re&ired by the b&siness condition

Secti! #" UNION RIGHTS AND OBLIGATIONS: The 0N1N agrees that its members shall at all times render and #er%orm the services c&stomarily rendered by them in a %irst class m

with the standards set by the $M"AN* The 0N1N shall %&rthermore assist the $M"AN* in #romoting disci#line and healthy e%%iciency and increased #rod&ctivity %or the m&t&al b$M"AN* shall recogni-e the right o% the 0N1N to im#ose disci#linary action on its members %or violation o% reasonable 0N1N r&les and reg&lations

Secti! $" NON%DISCRIMINATION: The $M"AN* shall not discriminate against any em#loyee beca&se o% race! color! se! creed! or #olitical a%%iliation There shall be no acts o%

coercion by both #arties and any o% their agents or re#resentatives against any em#loyee in the eercise o% his.her rights as a member o% the 0N1N or %or any legitimate 0N1N activities

ARTICLE VEMPLOYMENT

Secti! 1" DEFINITION: As &sed anywhere in this AGREEMENT&irements5 and!


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c) A #robationary em#loyee is one who is hired by the $M"AN* N trial or #robation %or the #&r#ose o% occying! i% %it and >&ali%ied! a reg&lar #osition in the $M"AN* 3#eriod not eceeding si () months in order to determine his ca#ability and %itness to hold the #osition on a reg&lar and.or #ermanent basis 3is reg&lar a##ointment and any salary aa%ter he has satis%actorily com#leted s&ch si () months o% #robation

d)Secti! #" P.34ti!4.5 Pe.i6: All #robationary a##ointment o% reg&lar em#loyees to a higher #osition shall be %or a #eriod o% three(D) months and any salary ad4&stments by re

eisting r&les on salary administration5 #rovided! that %or new hires o% the $M"AN*! the reg&lar #robationary #eriod shall be si() months and his reg&lar a##ointment and any salarya%ter he.she has satis%actorily com#leted s&ch si() months #robationary #eriod

The =e#artment Manager! however! has the o#tion to waive the #robation o% an em#loyee &nder his res#onsibility i% s&ch em#loyee has been #romoted to a #osition within the same

Secti! $" PROMOTION: 1t is the $M"AN*;s #olicy to #romote em#loyees %rom within to #ositions o% higher or greater res#onsibility To ins&re e%%icient and harmonio&s o#erationand seniority shall be considered in case o% #romotions

The em#loyee may! at his o#tion decline his.her #romotion! which shall be res#ected by the $M"AN* and s&ch re%&sal shall not s&b4ect the em#loyee to disci#linary action by the $

Secti! &" PRIORITY OF EMPLOYMENT: Ece#t as otherwise s#eci%ically #rovided in this AGREEMENT! a $overed Em#loyee shall be a##ointed to a new or vacant reg&lar #osition

>&ali%ied or only >&ali%ied a##licant %rom among the $overed Em#loyees 1n both instances! however the a##licant sho&ld meet the basic re>&irements that %it s&ch #osition! the setting $M"AN* 7or #&r#oses o% this #rovision! a $overed Em#loyee shall be considered an a##licant only i% his a##lication is %iled with the $MN"AN*;s 3&man Reso&rce Management =ethe date the $M"AN* anno&nces the vacancy

1% the best >&ali%ied a##licant or only a##licant who is a $overed Em#loyee satis%ies the basic re>&irement %or the #osition! ecl&ding age &nless s&ch is a ma4or consideration %orthereto as a #robationary em#loyee

1n the event no $overed Em#loyee >&ali%ies! or there are no >&ali%ied reg&lar em#loyee&est! co#y %&rnished the 0N1N Th

a##ro#riate 4ob levelSecti! '" PERSONNEL MOVEMENT: Any em#loyee d&e %or trans%er or #romotion re>&iring his relocation shall be ade>&ately advised abo&t the rational %or s&ch relocation #rior to

be >&ali%ied to #er%orm or is believed by the $M"AN* to be ca#able o% learning the new #osition "rovided %&rther! that be%ore he receives his #ermanent a##ointment to the new acannot satis%actorily #er%orm the new assignment! the $M"AN* will ret&rn him.her to his.her %ormer #osition 1n case o% relocation! his e#enses in connection therewith shall be$M"AN* r&les and reg&lations! &nless the trans%er in >&estion was re>&ested by the em#loyee himsel%

Secti!" REVERSION POLICY: A $overed Em#loyee who %ails to meet the standards o% the #osition to which he was #romoted d&ring his #robation shall be given #riority as cand

similar to his #revio&s 4ob i% his reversion to his %ormer #osition is not anymore #ossible This #rovision shall a##ly only whenever there are no internal a##licants who #assed the wor6.hagreed order o% #riority in selection and #lacement o% #ersonnel %or 4ob vacancies

Secti! 2" LAY OFF DUE TO AUTHORI7ED TERMINATION OF EMPLOYMENT: lay


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b) #rior to a #ro#osed lay


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T0i.6 Ste NE T30/AN= NE 30N=RE= 717T* "E// ("?!?@) e%%ective /e#tember ?! C??

Secti! #" PAID HOLIDAYS: The $M"AN* and the 0N1N hereby agree that the monthly salary o% all em#loyees covered by this AGREEMENT incl&des #ayment %or

as #rovided by the law! ordinance! or #residential #roclamation

Secti! $" PROMOTION AND RECLASSIFICATION: The $M"AN* shall grant an increase in basic salary o% a $overed Em#loyee who is #romoted or whose #osition is

minim&m rate o% twelve #ercent (?CI) o% the minim&m rate o% the new or reclassi%ied #osition ro&nded o%% to the net higher m&lti#le o% "@! whichever is higher "rovided!

em#loyee;s new basic salary shall not be higher than the maim&m rate o% the new or reclassi%ied #osition! or lower than its minim&m rate therwise! the increases shall be cothe increase shall ta6e e%%ect on a##roval by the $M"AN* 1n case o% #romotion! the increase shall be granted only on the em#loyee;s s&ccess%&l com#letion o% the #roba

ARTICLE VII

HOURS OF WORK

Secti! 1" WORKING HOURS: 1t is agreed that there shall be %orty (J) normal wor6ing ho&rs a wee6 in the $M"AN*! at eight () ho&rs #er day %rom Monday to 7rid

sched&les may be #rescribed %or certain de#artments or classes o% em#loyees d&e to the nat&re o% their wor6 or as may be re>&ired by the o#erations o% the $M"AN* Th(ecl&ded %rom the %orty (J) ho&rs o% wor6wee6) on the basis o% thirty&ired by the o#erations o% the $M"AN*

Secti! $" COFFEE BREAK: The #resent #ractice o% granting a ?@


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AND NIGHT DIFFERENTIAL

Secti! 1" RIGHT TO RE=UIRE OVERTIME HOURS: The 0N1N agrees that the $M"AN* may re>&ire any em#loyee to render wor6 on a holidays by the "resident o

a%ternoon (%or em#loyees on the thirty


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ARTICLE I>

BONUS

The $M"AN* shall each year grant bon&ses to $overed Em#loyees in accordance with the %ollowing r&les:

A Mid&ivalent to T2 30N=RE= "ER$ENT (CI) o% the monthly basic salary shall be #aid by the $M"AN* &nder the %ollowing /ched&le

? NE 30N=RE= "ER$ENT (?I) o% the monthly basic salary on or be%ore A#ril D o% each year The meas&re o% said bon&s shall be the $overed Em#loyee;s basibon&s is given to a $overed Reg&lar Em#loyee who has wor6ed with the $M"AN* %rom 9an&ary ? to =ecember D? o% the #ayo&t year 1n case o% se#aration a%ter #ayo&t wthe #eriod %rom the date o% se#aration to =ecember D? o% the same year shall be ded&cted %rom the em#loyee;s last #ay

C NE 30N=RE= "ER$ENT (?I) o% the monthly basic salary on or be%ore May D o% each year The meas&re o% the said bon&s shall be the $overed em#loyee;s bas

#aid only to a $overed Em#loyee who is in the act&al service o% the $M"AN* on the date the bon&s becomes d&e5 #rovided! that a $overed Em#loyee who resigns or is retir%a&lt be%ore a bon&s becomes d&e! shall! i% he wo&ld otherwise be entitled to s&ch bon&s or to any #ortion thereo% had his em#loyment contin&ed! be #aid the same less that #between the date o% his resignation or termination and the date o% the said bon&s

ARTICLE >

LEAVES

Secti! 1" VACATION LEAVE WITH PAY: A $overed em#loyee shall be entitled to vacation leave with #ay o% seventeen (?K) wor6ing days %or every year o% service

contin&o&s service (%rom the date o% #robationary a##ointment) 3owever! newly hired em#loyees a%ter the $BA signing will be entitled to %i%teen (?@) days vacation leave with #

Twelve (?C) vacation leave credits shall be sched&led %or availment and to be arranged by the $overed Em#loyee with the =e#artment manager or A"


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a) that a sched&led vacation leave is de%erred by the $M"AN* d&e to eigency o% the service and de%erment or re&ired by law

1% a holiday %alls d&ring the em#loyee;s vacation! it shall not be considered #art o% the em#loyee;s vacation and be entitled to his leave credit to com#ensate %or the holiday 1t sh

Secti! #" SICK LEAVE WITH PAY: /ic6 leave with #ay o% seventeen (?K) days %or every year o% service (%rom the #robationary a##ointment) shall be granted to $overe%or at least one (?) year (%rom the #robationary a##ointment) 3owever! newly hired em#loyees a%ter the $BA signing will be entitled to %i%teen (?@) days o% sic6 leave with #ay a%

A Maim&m o% %orty %ive (J@) &navailed sic6 leave credits may be acc&m&lated

0n&sed sic6 leave credits may be converted to cash in the %ollowing cases:

a) all &n&sed sic6 leave credits in ecess o% the maim&m %orty %ive days acc&m&lation by =ecember D? sto% any given year shall be converted to cash and aid in 9an&ary o% th

b) @I o% c&rrent &n&sed sic6 leave credits shall be converted to cash and #aid in 9an&ary o% the s&cceeding year

Secti! $" EMERGENCY LEAVE: The $M"AN* shall grant every covered Em#loyee who has rendered at least one (?) year o% contin&o&s service an emergency lea

contin&o&s service which is non


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Secti! 2" LEAVES ? TIME%OFF FOR UNION REPRESENTATIVE: The $M"AN* shall grant d&ly a&thori-ed re#resentatives o% the 0N1N leaves or time&ivalent to %orty (J) wor6ing man days #er year %or the 0N1N activities and seminars s#onsored by instit&tion

shall be %or a minim&m o% one&ired a%ter attendance to s&ch activity seminar

UNION Ti/e%O--

0N1N o%%icers.members shall be allowed time


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Secti! &" DENTAL BENEFIT: The $M"AN* shall #rovide %ree dental services to $overed Em#loyees based in the 3ead %%ice or within the Metro Manila area 7or #rov

shall not eceed NE T30/AN= "E// (?!) #er year

The $M"AN* shall eert its best e%%ort to contin&e with the arrangement whereby s&ch dental services are administered at the 0N "hilamli%e =ental $linic %or Metro Ma

and branch o%%ice may avail o% the services o% any dental clinic o% their choice =ental services &nder this section shall be limited to dental treatment! %iling! sim#le etractionbased on the #revailing dental service rates #rovided by "hilamli%e =ental $linic

Secti! '" OPTICAL ASSISTANCE: The $M"AN* shall #rovide reimb&rsement %or e#enses inc&rred in the #&rchase o% #rescri#tion eyeglasses on lenses in the amo&nt years on availment Act&al reimb&rsement shall be based on s&bmitted recei#ts These bene%its shall be non 8c&m&lative and non&al to ?@I o% 7inal Basic Monthly /alary %or each year o% service

Secti! #" SEPERATION BENEFIT: 0#on se#aration %rom em#loyment #rior to the normal retirement date! &nless s&ch se#aration is %or ca&se! an em#loyee shall be

com#&ted in accordance with the normal retirement date %orm&la! with ?@ %inal basic monthly salary and years o% service calc&lated as o% the date o% se#aration:

C/+ete6 Ye4., O- Pe.ce!t4e

C!ti!**, Se.@ice P4543+e

,ess than @

@


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? C@I

?? DI

?C D@I

?D JI

?J J@I

?@ @I

? @@I

?K I

? @I ?H KI

C K@I

C? I

CC @I

CD HI

CJ H@I

C@ or more ?I

Secti! $" MA>IMUM BENEFIT: 1t is &nderstood that in a##lying the bene%it #rovisions &nder /ection ? and /ection C above! the bene%it to be received by a >&ali%ied em#loyee

ARTICLE >III

OTHER EMPLOYEE BENEFITS

Secti! 1" MEAL SUBSIDY: The $M"AN* shall #rovide a meal s&bsidy to all $overed Em#loyee e>&al to /EEN 30N=RE= "E// ("K) #er month

Secti! #" SALARY LOAN PROGRAM: The $M"AN* shall #rovide a salary loan #rogram s&b4ect to terms and conditions as the $M"AN* may establish %rom time to tim

Secti! $" BEREAVEMENT ASSISTANCE: The $M"AN* shall contin&e with the eisting bereavement assistance #rogram in case o% death o% the $overed Em#loyee or i

the $overed Em#loyee 7or a single em#loyee! immediate members shall mean the #arents! brothers! and sisters 7or a married em#loyee! immediate members shall mean t

Secti! &" CALAMITY ASSISTANCE: The $M"AN* shall contin&e with the eisting calamity assistance #rogram to $overed Em#loyee who s&%%ers %inancial loss d&e to dam

s&ch as %ire! %lood! and ty#hoon The $M"AN* share %or this #rogram is "K!@ while the em#loyee;s share is "? #er $overed Em#loyee Ade>&ate #roo% o% loss as be%ore a $overed Em#loyees can avail o% this assistance

Secti! '" MATERNITY ASSISTANCE: The $M"AN* etends the %ollowing maternity assistance %or leally married reg&lar em#loyees:


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"@! d&e to #regnancy related emergencies (eg ecto#ic #regnancy! &nintentional abortion! miscarriage)

"@! normal delivery

"?! caesarian delivery

The assistance may be availed o% by a married reg&lar male em#loyee %or his de#endent (non&ired #rior to availment

The maternity assistance may be availed o% %or a maim&m o% two (C) cases o% live births and two (C) cases o% #regnancy related emergencies d&ring the term o% em

Em#loyee sho&ld s&bmit s&bstantial #roo% o% s&ch emergency #rior to availment

"ast availment o% the $hild /#acing "rogram shall be co&nted as availment o% this assistance accordingly This maternity assistance shall sersede any eisting $

signing o% this AGREEMENT

Secti! " BULLETIN BOARD: The $M"AN* shall #rovide the &se o% a $M"AN* B&lletin Board at the 3ead %%ice The $M"AN* shall allow the 0N1N to #ost in%orm

the 3ead %%ice and in all branch o%%ices nationwide! #rovided that the materials #osted therein are not derogatory in nat&re The same sho&ld be d&ly signed by the 0N1NManagement =e#artment %or review #rior to its #osting

ARTICLE >IV

GRIEVANCE MACHINERY

The #arties hereto agree on the #rinci#le that all dis#&tes between labor and management may be settled thro&gh %riendly negotiations5 that the #arties have the same in

dis#&tes shall have been disc&ssed and settled5 that an o#en con%lict in any %orm involves losses to the #arties and that! there%ore! every e%%ort shall be eerted to avoid s&ch#rinci#le! the #arties have agreed to establish a #roced&re %or the ad4&stment o% grievance so as to: (?) #rovide o##ort&nity %or disc&ssion o% any com#laint: and (C) estabgrievance

Secti! 1" GRIEVANCE PROCEDURE: Any grievance! dis#&te or com#laint which a $overed Em#loyee or the Association may have against the $M"AN* (a) relative to

terms o% this AGREEMENT! or (b) arising o&t o% the em#loyment relationshi#! shall be s&bmitted to the grievance machinery with the %ollowing #roced&re:

STEP 1" The covered Em#loyee shall #resent his grievance! dis#&te or com#laint in writing to the $M"AN*;s =e#artment 3ead in


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1% the em#loyee is not satis%ied with the decision rendered by the =e#artment 3ead in


16/18

Secti! " e/+5ee e.,!!e+ -i+e: 1% em#loyment records are deemed necessary to resolve cases %iled against an em#loyee! the concerned em#loyee may re>&est ag

re>&est %or and be given co#ies o% his.her records o% training! written orders iss&ed to him! letters o% a##reciation and.or commendations and.or letters o% any %orm o% disci#linarys&ch re>&est by the 3&man Reso&rce Management =e#artment

All disci#linary actions im#osed on em#loyees that were %&lly served shall be retained in their #ersonnel C? %iles %or two (C) calendar years A%ter which! these shall be %

%ollowing the #rescribed #eriod o% retention %or re%erence #&r#oses

ARTICLE >V

LABOR MANAGEMENT COUNCIL

The $M"AN* and the 0N1N shall 4ointly establish a labor management co&ncil:

Secti! 1" PURPOSE OF THE LMC: The #&r#ose o% this co&ncil shall be to serve as a nonVI

PROMOTION OF FAMILY PLANNING

The #arties agree to #romote res#onsible %amily #lanning in the bargaining &nit Towards this end! the $M"AN* and the 0N1N agree to 4ointly &nderta6e the ed&c

d&ring the d&ration o% the aboveVII

PROMOTION OF A DRUG FREE WORKPLACE

The #arties agree to #romote a dr&g


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ARTICLE >VIII

EMPLOYEES EDUCATION AND DEVELOPMENT PROGRAM

The #arties! conscio&s o% the %act that ed&cation! technical 6nowI>

IMPLEMENTATION OF THE PROVISIONS

Secti! 1" GUIDING PRINCIPLES IN IMPLEMENTATION: The $M"AN* and the 0N1N agree to &se their best in%l&ence to en%orce com#liance with most the s#irit as we

shall iss&e r&les and reg&lations or eert any e%%ort or #ress&re on members individ&ally nor collectively that may be in con%lict with any #rovision herein contained

Secti! #" CIRCULATION: $o#ies o% this AGREEMENT shall be #rinted in #am#hlet %orm and distrib&ted to all em#loyees covered by this AGREEMENT and %ive (@) co#ie

within sity () calendar days %rom the date o% the signing o% this AGREEMENT

ARTICLE >>

NO STRIKE NO LOCKOUT

=&ring the term o% this AGREEMENT! the $M"NA* shall not resort to a loc6o&t! and neither shall the 0N1N or any o% its o%%icers or members! nor any $overed Em#loyor interrtion! slow


18/18

The #arties ac6nowledge that d&ring the negotiations which res&lted in this AGREEMENT! each had the &nlimited right and o##ort&nity to ma6e demands and #ro#osals

by law %rom the area o% collective bargaining and that the &nderstanding and agreements arrived at by the #arties a%ter the eercise o% that right and o##ort&nity are set %orth in tthe 0N1N! %or the li%etime o% this AGREEMENT! each vol&ntarily and &n>&ali%iedly waives the right! and each agrees that the other shall not be obligated to bargain collectivelycovered in this AGREEMENT even tho&gh s&ch s&b4ect or matter may not have been within the 6nowledge or contem#lation o% either or both o% the #arties at the time they negot

ARTICLE >>III

DURATION OF AGREEMENT

The re#resentation #rovision o% this AGREEMENT shall be in %&ll %orce and e%%ect %or three (D) years commencing on /e#tember ?! C to /e

The economic and non

sample cba winston company inc and winston company union

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