Critique

NICCO B.
ACAYLAR, LLB II
CRITIQUE ON COLLECTIVE BARGAINING AGREEMENT
The right of all workers to collective bargaining and negotiations is a right duly guaranteed under the
Constitution. Thus, it is expressly provided in Section 3, Article XIII thereof that the State, among others, shall
guarantee the rights of all workers to collective bargaining and negotiations.
Collective bargaining is the key to make the relationship between employees and employers smooth. It
serves as a bond between the employers and employees which will contribute to the success of an institution.
It is imperative to know that some people think collective bargaining is the process in which union
members of the employees talk with employers for getting benefits. But the essence of collective bargaining is
that it is not just an ordinary contract. It has a paramount public interest that partakes as a law binding the two
parties. It is needed to safeguard the rights of the employees and balance it with rights of the employers.
The Collective Bargaining Agreement (CBA) between SILLIMAN UNIVERSITY and SILLIMAN UNIVERSITY
STAFF ASSOCIATION (SUSA) is created adhering to the stringent principles mandated by the Constitution, law
and by the Labor Code.
It is much appreciated that under Article 1 Section 4 of the CBA, the University has the obligation to
conduct a compensation review from time to time for future collective bargaining negotiations. This means that
they are versatile enough to consider wage increase vis-a- vis the increase in the cost of living in the city and
other factors affecting compensation.
It is good to know that the union included upon its obligation the importance of punctuality and
attendance monitoring of their members. It is an important factor for the success of the university.
When it comes to disciplinary actions, Silliman University complies with due process of law. Section 1
mentions of due process. Hence, any complaints must be put in writing. There is a show cause order wherein
the respondent is given the opportunity to explain his side. In addition, the Human Resource Department will be
given the chance to have an investigation on the matter. There is presentation of evidence. The rules of
evidence under the rules of court shall not be controlling. After the decision, the aggrieved party may file a
notice of appeal to the President. The decision of the President shall then be final and executory.
On the other hand, the CBA substantially provides that agency fees can be validly collected from the
regular personnel who are non-union members but are receiving privileges secured by the union for its
members. This is in harmony with the provisions of the Labor Code on labor union. The sharing scheme as
mandated by law is also applied with respect to tuition fee increase wherein 70% of any tuition fee increase will
be utilized for salary increase of academic and non-academic work personnel of the university.
Article VI on working condition provides that the university at all times should observe due process by
giving notice to the party in case of offenses charge involving termination or any transfers.
On the aspect of retrenchment, the University adhered to law that there must be a notification at least
30 days prior to the effectivity thereof.
In the grievance procedure, it is also noted that the parties agreed that all disputes arising between the
union and the university shall be resolved to friendly negotiations and shall take effort to avoid open conflict.
After the due consultation with the Union representative, the aggrieved party shall report the grievance to the
unit head who shall act on the grievance within 7 working days. If aggrieved by the decision, there is also an
opportunity to appeal to the University President of Finance and Administration. If unsettled, the party may
appeal to the adjudication committee. If the prior procedure is not possible, they should go to voluntary
arbitration. Consequently, the voluntary arbitrator or panel of arbitrators shall have exclusive jurisdiction to
hear and decide the case. The expenses will be shouldered proportionately by both parties.
From the facts cited above, it is immediately apparent that most of the provisions of the above CBA are
in harmony with the State policy of promoting and emphasizing the primacy of free and responsible exercise of
the right to self-organization and collective bargaining.

Critique

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NICCO B.

CRITIQUE ON COLLECTIVE BARGAINING AGREEMENT

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