BUILDING RELATIONSHIPS

AND FACILITATING
LEGISLATIVE FRAMEWORK
LINDSEY C. ESPINO
Presenter

Order of Presentation

Trade Union
Managing conflicts
Disciplinary process
Collective Bargaining
Managerial Decision making
process,
Concepts, mechanics and
experience

Trade Union
An organization of workers in
the same skilled occupation or
related skilled occupations
who act together to secure for
all members favorable wages,
hours, and other working
conditions.

A CENTURY OF THE PHILIPPINE

LABOR MOVEMENT

The Philippine labor

movement is a social
movement of workers and
farmers led by middle class
illustrados and socialist
intellectuals.

The Early Beginnings

Don Isabelo de los Reyes, the father of the
Philippine labor movement, unified the
movement in 1902 under the first labor
federation, the Union Obrera Democratica (UOD)
despite the continuing repression under the
American colonial regime.
The organization of UOD by de los Reyes,
Dominador Gomez, Lope K. Santos and
Hermenegildo Cruz led to the creation of the
Bureau of Labor in 1908 which recognized labor
organizations.
The labor movement then became part of the
independence movement

Growth of Communism
The PKP and SPP merged during the war against
the Japanese under the leadership of Vicente
Lava and Pedro Abad Santos and resurfaced later
as the Congress of Labor Organizations (CLO)
after the war led by Amado V. Hernandez,
Guillermo Capadocia and Mariano Balgos.
The post-war era in 1953 featured communist
repression and the period of collective bargaining.
After the disbandment of CLO and the arrests of
their leaders, non-communist labor organizations
were organized under the Industrial Peace Act.
Among these new federations were the Philippine
Association of Free Labor Unions (PAFLU) of
Cipriano Cid, Federation of Free Workers of Juan
Tan, National Confederation of Trade Unions

The Post-War Era

Among these new federations were the Philippine

Association of Free Labor Unions (PAFLU) of Cipriano Cid,
Federation of Free Workers of Juan Tan, National
Confederation of Trade Unions (NCFTU) and the Philippine
Trade Union Councils (PTUC).
There was a resurgence of the communist underground
movement with the establishment of a new Communist
Party of the Philippines (CPP) in the 70s under Jose Ma.
Sison.
This led to the declaration of Martial Law in 1972 and later,
the enactment of the Labor Code of the Philippines in 1974
The Trade Union Congress of the Philippines (TUCP)
became the labor center to represent labor in the
tripartite system of labor relations in the country under
the period of labor repression.
Outside of TUCP however, Kilusang Mayo Uno (May 1
movement) was organized in 1980 by Felixberto Olalia,
Cipriano Malonzo and Crispin Beltran

Post Martial Law Period

In 1986, during the post-martial law period,
more progressive groups within TUCP joined a
new labor center initiated by the Aquino
administration called the Labor Advisory
Consultative Council (LACC) which included the
KMU.
KMU later established itself as a labor center in
1998
Other groups like the FFW, Lakas Manggagawa
Labor Center (LMLC), and the National
Confederation of Labor in the Philippines (NCLP)
which included the Bukluran nga Manggagawang
Pilipino (BMP) also followed suit.
On record, there are 164 federations and six
labor centers at present.

Present Facts on Trade Unions

3.6 Million workers are members
of unions
members account only for 1012% of the labor force
76.6% of unionized workers are
in Metro-Manila
78% of unionized workers are
federated
41% of unions have CBAs (3,362
out of 8,200 unions in the

Organizations of Informal
Labor
The bulk of the labor force are organized into> Peoples Organizations (POs) (sectoral and
multisectoral associations)
> Political parties (party lists)
Cooperatives
Kin and pseudo kin networks
Fragmented
- among the trade unions themselves
- between the trade unions and the organizations of
informal labor
Radicalism was due to the conservativeness of the
ruling elites (colonial administrators & the dynastics)

The Future of the Labor

Movement
Globalization brings more threats than
opportunities to the Philippine labor movement.
Changes in technologies bring jobless
growth, labor flexibility, higher skill
requirements and more machine intensive
production processes. Job creation in the
manufacturing industry subsector has declined
which is the traditional base of trade unionism.
On the other hand, jobs are increasing in the
services sector where organized labor is
weakest. (Ofreneo, 1999 and Bitonio, 1999).

Collective Bargaining
Collective Bargaining is a process in which the
representatives of a labour organization & the
representatives of business organization meet and
attempt to negotiate a contract or agreement,
which specifies the nature of employee-employer
union relationship.
FLIPPO

Process involving discussions and negotiations

collective group

'bargaining' proposals and counter proposals

to reconcile their conflicting interests

is a flexible approach

Evolution Of Collective Bargaining

Coined by Sydney and Beatrice Webb

Industrial Revolution Great Britain
The Indian Scenario:
Gandhiji - the leader of the Ahmedabad textile
workers
Idea gathered interest only after the Second
World War
GOI took steps like setting up of machinery for
negotiations, conciliation and arbitration.
Conjunctive/Distributive Bargaining - zero-sum
game; win lose
Co-operative Bargaining - more open to coming
down from their high horses; win win.

Collective Bargaining
Process

Prepare
Discuss
Propose
Bargain
Settlement

Contents of Collective Bargaining

Agreement
The date of commencement of the agreement
Its duration
A definition of terms
The procedure for settling disputes regarding interpretation,
as well as other disputes.
The consequences in the event of breaches of the agreement
As regards wages, exactly how conversion of employees'
wages to the new scales is to be effected.

Levels At Which Collective Bargaining

Is Undertaken

Enterprise Or Plant Level

Industry-Cum-Region
wide Agreements
Sectoral Collective
Bargaining At National
Level

Conditions For Successful Collective

Bargaining
Trade Union Recognition
Observance of Agreements
Support of Labour Administration
Authorities
Good Faith

DISCIPLINE & DISCIPLINE

PROCEDURES
Discipline is a Managements
Complaints against an employee.
the practice of training people to obey
rules or a code of behavior.
controlled behavior resulting from
such training.
an activity providing mental or
physical training:

Why Disciplining
Employees?
Employees experience conflict at work and
sometimes break the rules.
It then becomes your job to minimize the
conflict and get things going back on track.
Disciplinary policies and actions play the
prime role in prohibiting unwanted
employee behaviors.

Disciplinary Policy Ground

Rules
Employees should know what they can and
cant do.
You should clearly communicate the
discipline that will take place if employees
break your rules.
For this reason, company need to have a
good disciplinary policy in place and well
communicated to everyone.

Disciplinary Policy
The policy must be communicated to employees
by periodically providing a copy, posting it, or
including it in an employee handbook.
Employees should be required to sign an
acknowledgment that they have received and
read the policy.
The policy also should be covered in new
employee orientation.

Disciplinary procedures
Employers use disciplinary procedures to tell
employees that their performance or conduct isn't
up to the expected standard and to encourage
improvement.
What is a disciplinary procedure?
A disciplinary procedure is sometimes the best
way for your employer to tell you when something
is wrong. It allows them to explain clearly what
improvement is needed and should give you an
opportunity to put your side of the situation.

Disciplinary procedure:Informal Procedure: It is part of the normal supervisory process that managers bring
to the attention of the employees the standards required and any
failure to meet those standards.
Cases of minor misconduct, (e.g. recurrent lateness) should be
dealt with by the employees line manager/immediate supervisor/
head of department informally and without delay. The manager
must speak to the employee, in private and should encourage
them to conduct themselves in accordance with the required
standards.
The purpose of these discussions is to ensure that the employee
understands the nature of the concerns, expectations of
improvements in conduct and where appropriate timescales and
the nature of any support available.
It is advisable to confirm the outcomes of any discussions in
writing to the employee. The line manager should retain any note
of these informal discussions or meetings.
Following a satisfactory outcome to the use of the informal
procedure, the matter will be considered resolved.

Formal procedure: Where the informal process has not led to

improved conduct, or where the alleged
misconduct is of such seriousness that the
manager considers informal action to be
inappropriate, formal action will be initiated.
An investigation of the facts will be
conducted to determine whether there is a
disciplinary case to answer.
Where an investigation indicates that there
may have been an act of misconduct the
employee will be required to attend a formal
disciplinary hearing at which s/he shall be
given the opportunity to respond and state
his/her case.

Formal Levels of Disciplinary Sanctions

Written Warning:-Where there is a failure to correct
matters within the time limit set down at the verbal
warning stage, then the employer must issue a written
warning to the employee.
Second and Final Written Warning before
Dismissal/Suspension:-If, despite previous warnings,
the employee fails to reach the required standard
within a reasonable time they can be suspended
without pay for a period to be decided by the employer.
Dismissal:- The final stage of the disciplinary
procedure will be dismissal. An employee is liable to be
dismissed if, despite previous warnings, they fail to
reach the required standards within a reasonable time.

CONFLICT

Websters dictionary defines conflict as a sharp

disagreement or opposition of interests or ideas.
Anytime people work together, conflict is a part of
doing business. Conflict is a normal and natural
part of any workplace.
an expressed struggle between at least two
interdependent parties who perceive incompatible
goals, scarce resources, and interference from the
other party in achieving their goals Or
a process that begins when one party perceives
that another party has negatively affected or about
to affect something that the first party cares about

Characteristics of conflict

Interpersonal conflict requires at least two people. (Conflict

within ones self, or interpersonal conflict, generally is
studied by psychologists. Communication students and
scholars are interested in communication between
people. )

Conflict inherently involves some sense of struggle or

incompatibility or perceived difference among values,
goals, or desires.

Action, whether overt or covert, is key to interpersonal

conflict. Until action or expression occurs, conflict is latent,
lurking below the surface.

Power or attempts to influence inevitably occur within

conflicts. If the parties really dont care about the outcome,
the discussion probably doesnt rise to the level where we

VIEWS OF CONFLICT
Traditional view:
The belief that all conflicts are harmful and
must be avoided
Human relations view:
That belief that conflict is a natural and
inevitable outcome in any group
Integrationist view:
The belief that conflict is not only a positive
force in group but that it is absolutely
necessary for a group to perform effectively

Conflict Management
is defined as the opportunity to
improve situations and strengthen
relationships
There are a number of ways that can be utilized to address
workplace conflict:
Avoidance : hiding our head in the sand, hoping the
conflict will go away.
Collaboration : working together to find a mutually
beneficial solution.
Compromise : finding the middle ground whereby a little is
given and little is gotten.
Competing : may the best person win.
Accommodation: surrendering our own needs and
wishes to
please the other person.

Tips for Managing Conflict

Avoids feelings or perceptions that imply the other

person is wrong or needs to change.
Communicates a desire to work together to
explore a problem or seek a solution.
Exhibits behavior that is spontaneous and
destruction-free.
Identifies with another team members problems,
shares feelings, and accepts the team members
reaction.
Treats other team members with respect and trust.
Investigates issues rather than taking sides on
them.

 Decision making can be regarded as

the mental processes resulting in the
selection of a course of action among
several alternatives. Every decision
making process produces a final
choice. The output can be an action
or an opinion of choice.
Principle of Management Process
Decision Making

Problem Analysis vs. Decision

Making
Decision making can be regarded as the mental
processes resulting in the selection of a course of action
among several alternatives. Every decision making
process produces a final choice. The output can be an
action or an opinion of choice.
Problem Analysis vs. Decision Making It is important
to differentiate between problem analysis and decision
making. The concepts are completely separate from one
another. Problem analysis must be done first, then the
information gathered in that process may be used towards
decision making. Decision Making Process: In general is
the process of making a choice between a numbers of
options and committing to a future course of actions.

There are eight steps of decision making:

Identification of problem
Identification of decision Criteria
Allocating weight to criteria
Develop alternatives
Analysis of Alternatives
Selection of alternatives
Implementation of the best
alternatives
Evaluation of decision effectiveness

References:
(n.d.). Retrieved May 17, 2015, from http://legaldictionary.thefreedictionary.com/Trade Union
Lakra, Kerobin and Meena, Dinesh chand (2009 and 2010; respectively)
Assignment on conflict management, submitted to Department of Extension
Education, I. Ag. Sci., B.H.U.,Varanasi
Rahim, M.A. (2002) Toward a theory of managing organizational conflict. The
International journal of conflict management,13,206-235.
http://foundationcoalition.org/publications/brochures/conflict.pdf
http://www.referenceforbusiness.com/management/Comp-De/ConflictManagement-and-Negotiation.html
http://www.scribd.com/doc/25304585/Functional-and-Dysfunctional-Conflicts
http://www.mindtools.com/pages/article/newLDR_81.htm

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