Dear Atty. Gab,

Musta Atty! I’m writing to you because our union is having some problems, and it’s affecting our CBA negotiations. There’s been a long-standing internal dispute about who the real union leaders are. Because of this, the management at my company is refusing to negotiate our Collective Bargaining Agreement (CBA). They say they don’t know who to negotiate with until the union sorts out its leadership issues.

Now, the economic terms of our current CBA are about to expire, and we need to renegotiate them. But because of the employer’s refusal, we’re at a standstill. We’re worried that this is a tactic to weaken the union and deny us our rights. I’m not sure if the employer is legally allowed to do this, or if they have a right to refuse CBA negotiations because of an internal union issue. This is affecting all of us in the union, and we don’t know what steps to take.

Can they really refuse to negotiate our CBA because of this internal issue? What are our rights in this situation? Any guidance would be greatly appreciated.

Sincerely,
Luis Ramos

Dear Luis,

Musta! I understand your frustration with the employer’s refusal to negotiate your CBA due to the union’s internal issues. It’s crucial to understand your rights and options in this situation. The key legal principle here is whether an employer can refuse to bargain collectively based on internal union disputes.

Generally, an employer cannot use internal union issues as a valid reason to refuse to bargain collectively with the recognized bargaining agent. The duty to bargain collectively is a mutual obligation, and the employer’s responsibility extends to the union as a whole, not just a specific faction within it. Let’s delve deeper into your rights and obligations.

Navigating the Duty to Bargain During Internal Union Disputes

The heart of the issue lies in the duty to bargain collectively. This duty, as enshrined in Philippine labor law, compels both employers and unions to meet and discuss terms and conditions of employment in good faith. The duty to bargain collectively is a cornerstone of labor relations, designed to foster mutual understanding and agreement between employers and employees. This is crucial for maintaining a stable and productive work environment.

The employer’s stance raises the question of whether internal union conflicts can suspend or negate this duty. Philippine jurisprudence provides a clear answer: generally, no. An employer cannot use internal union disputes as a shield to evade its responsibility to bargain collectively with the duly recognized bargaining agent. As long as a union is certified as the exclusive bargaining representative, the employer must negotiate with it, regardless of internal conflicts.

The obligation to bargain remains even if there are questions or disputes about the union leadership. Here are some important legal principles to consider:

“The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract under such agreements of requested by either party but such duty does not compel any party to agree to a proposal or to make any concessions.” (Article 252, Labor Code)

This emphasizes the mutual obligation to negotiate in good faith. It means the parties must be willing to engage in meaningful discussions with the goal of reaching an agreement. Refusing to negotiate altogether is a violation of this duty.

“It shall be unlawful for an employer to commit any of the following unfair labor practice:

x x x x

(g) To violate the duty to bargain collectively as prescribed by this Code.” (Article 248, Labor Code)

This provision makes it clear that failing to bargain collectively is an unfair labor practice (ULP) on the part of the employer. It provides a legal basis for workers to challenge their employer’s refusal to negotiate.

An employer who refuses to bargain collectively, especially when there are no valid legal impediments, may be found guilty of unfair labor practice. This is because the duty to bargain extends to the certified or recognized bargaining agent, irrespective of internal union issues. An employer’s refusal to recognize the union or to meet and negotiate in good faith is a violation of this legal duty. In practical terms, it allows employers to create unstable environments.

Even if an employer believes there is a leadership void or questions the legitimacy of the union officers, they still must bargain with the union as a whole. To stop this from becoming a ULP case, they can petition the Department of Labor and Employment (DOLE) for clarification or intervention. However, they cannot unilaterally suspend negotiations without a clear legal basis.

If the employer truly believes there is an issue with the union’s representation, they can seek guidance from the DOLE. This helps to ensure that the proper bargaining agent is recognized. Here is another quotation from the case that emphasizes this idea:

“[Petitioner] is duty bound to negotiate collectively pursuant to Art. 252 of the Labor Code, as amended.”

Philippine labor law is designed to promote collective bargaining and protect workers’ rights. Employers who attempt to undermine these rights by refusing to bargain in good faith face legal consequences.

“Management is hereby directed to cease and desist from refusing to bargain collectively. The parties are therefore directed to commence negotiations effective immediately.”

Practical Advice for Your Situation

• Document Everything: Keep detailed records of all communications with your employer, including letters, emails, and meeting minutes. These records can be crucial evidence in any legal proceedings.
• Consult with Your Union: Work closely with your union leaders to assess the situation and plan a course of action. Collective action is often more effective than individual efforts.
• File a Complaint: If your employer continues to refuse to bargain, consider filing a complaint for unfair labor practice with the DOLE. Provide all relevant documentation to support your claim.
• Seek Legal Advice: Consult with a labor lawyer to understand your rights and explore your legal options. A lawyer can provide tailored advice based on the specific circumstances of your case.
• Explore Mediation: Consider seeking mediation services through the NCMB to resolve the dispute amicably. Mediation can provide a neutral forum for both parties to discuss their concerns and reach a mutually acceptable agreement.
• Educate Your Co-Workers: Inform your fellow union members about the situation and their rights. Collective awareness and support can strengthen your position and increase your bargaining power.

Remember, your employer has a legal duty to bargain collectively with your union, regardless of internal disputes. By taking the right steps and asserting your rights, you can work toward a fair and equitable resolution.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.