Collective Bargaining: Concept and History
Collective Bargaining: Concept and History
Collective bargaining is of seminal importance in the field of labor relations. Without it,
unionism does not carry much significance because it is the primordial objective of the
organization of workers, the main purpose of the exercise of the right self-organization.
Collective bargaining is a system or a process by which employees, through their duly
chosen representative, negotiate with their employer regarding the terms and conditions of their
employment. The process usually results in a collective bargaining agreement, which is a
contract where the agreed terms and conditions are laid down. Being a contract, it is the law
between the parties thereto, insofar as the terms and conditions of employment are concerned.
The Duly to Bargain Collectively.
The primary meaning of the duty to bargain collectively is laid down in Article 263.
Article 262 provides how that duty is to be complied with in the absence of an agreement or
arrangement for a more expeditious manner of collective bargaining. Article 264 says what the
duty to bargaining collectively “also means that when there is already a CBA between the
parties, neither party shall modify nor the same during its lifetime terminate. All of these,
together with the question of when the duty to bargain arises, have been discussed in the
immediately preceding Title, in connection with unfair labor practice consisting of violation of the
duty to bargain collectively.
Collective bargaining is a continuing process. Consequently, the duty to bargain
collectively does not end with the execution of a collective bargaining agreement but extends to
the settlement of grievances arising from its interpretation or implementation. (Master Iron Labor
Union v. NLRC, 219 SCRA 47.) It also means that complying in good faith with its provisions is
a necessary part of the process.
Representation for the Purpose of Collective Bargaining.
The parties to collective bargaining are the employer on one side and on the other side,
his employees or a distinct aggrupation of his employees, represented by a union. The
bargaining union is required to be a legitimate labor organization, or one duly registered in the
BLR. Once it acquires representative status, it becomes an exclusive collective bargaining
agent.
That status is attained by either of three methods, namely: (1) voluntary recognition, (2)
certification by the BLR after winning in a certification election; or (3) winning in a consent
election.
1.) Voluntary Recognition.