Jecel Joy Sapanghila's Reaction to Outcomes of Collective Bargaining in the Philippine Manufacturing Industry
The article presented by Atty. Juris M. Tomboc regarding the outcomes of collective bargaining in the Philippine Manufacturing Industry made me understand the real definition of what is collective bargaining. In simple words, it is the process of negotiation between representatives of a union and employers (represented by management) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance procedures, and about the rights and responsibilities of trade unions. The result of the negotiation is often referred to as a collective bargaining agreement or CBA.
Before coming across with the article, I have really no idea about what collective bargaining is and its effects on the part of employees and labor unions. I have found out that these agreements are really their rights and no one, not even the management of the company can take this right away from them.
It is illegal that the management exercise campaigns against labor unions. Management might, for example, engage in a publicity campaign against the union, furlough workers (temporary layoff), and in the direst of circumstances, lock out workers. In the past management took certain actions which are now illegal such as the hiring of armed thugs (the Pinkertons are an example), signing workers to yellow dog contracts (contract a worker signed that promised they would not join a union as a condition of their employment), and black listing (creation of lists of union organizers that would be circulated to other employees so that those on the list could not get jobs) (www.wikepedia.com).
For me, the points of Atty. Tomboc regarding this issue are very clear and strong. Every detail and information that she presented has basis such as supporting ideas and other arguments that could prove the aims of her study. I agree with her that the government agencies play a key role in the resolution of disputes that arise during the conduct of negotiations. They are the ones who must assure that the rights and benefits due to the employees are properly allocated to them. It is very important that they receive the correct amount of salaries on a regular basis, during a special or a regular holiday, during a rest day and on an overtime shift as what is stated in the article of Atty. Tomboc. It is also the duty of the management of the company to ensure that the health of their employees is properly taken care of. It is the most important thing that the company must give to its employees in exchange of their service for the business. I think that their health must always be assured so that they could work effectively and efficiently at all times.
Atty. Tomboc also did careful analysis of the correlations between the collective bargaining agreements and the size, location, or ownership of the company. She has come up with significant and good conclusions regarding these correlations and has reached the aim of her study.
My recommendation would also be the same as what the article says. Students must conduct further researches regarding the status of the collective bargaining in our country at the present. This would help them be prepared as they join the working force of our country in the future. It is appropriate that they should know their rights as early as today.
Both parties, the management and the employees, must “bargain in good faith”. This means that they both must come to the table willing to give and take. With this, they will be able to create an empowered labor force which can add to the national development of the country.