Labor2aftermt - Article260. 1 2 CBA, HolyCros

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Lalay Abala. ALS2014B. Labor II. 1 Article 260. Grievance machinery and voluntary arbitration. 1. Contract administration as part of the duty to bargain The duty to bargain continues into the contract administration stage 2. CBA, law between the parties CBA during its lifetime constitutes the law between the parties Holy Cross of Davao Colleges v. Holy Cross of Davao Faculty Union o Legaspi, a teacher, requested the school for a study leave of 18 months with salary and allowance. Such benefit was provided in the CBA. The school denied the request because under the school’s Policy Statement, assistance will be given only to a member if she pursues a higher degree, unlike in Legaspi’s scholarship, that would confer only a certificate. o Such rules found in the Policy Statement are merely suppletory and can neither contradict nor undermine the terms found in the CBA. The CBA merely states “higher studies” and did not specify to which trainings the benefit will apply. CBA includes the term “dependent”. Does such term include a fetus? o Yes. The fetus had the right to be supported by the parents from the moment he/she was conceived. United Kimberly-Clark Employees Union v. Kimberly-Clark o CBA provided that company agrees to employ a family member of an employee, upon that employee’s resignation, retirement, disability or death o So some ex‐employees recommended applicants who were only high school graduates. In an earlier case involving the same CBA, the SC held that the company was not oblited to unconditionally accept the recommendee since the latter must still meet the required employment standard. So company made guidelines that stated the recommendee must have completed at least a 2 year technical/vocational course or 3 rd year college. Union opposed. Union attempted to write into the CBA that HS education be enough. Company disagreed. Company implemented the guidelines o The CBA was executed in its present form, the union is bound by the terms and conditions in it Construing the contract o Intent of the parties should be ascertained by considering the relevant provisions of the CBA o Intention of the parties is primordial o Any doubts or ambiguity in favor of the safety and decent living for the laborer o Provisions should be construed liberally rather than narrowly and technically o Only provisions embodied in the CBA should be so interpreted and complied with Proposal contained in minutes but not in the CBA itself o Is not part of the CBA o SMTFM-UWP v. NLRC Union charged the employer with ULP when it refused to implement the across‐the‐board wage increases mandated by Wage Orders. But nowhere in the CBA mention an alleged promise to implement. The proposal was found in the minutes of the negotiations Petitioner union should have requested or demanded that such promise or undertaking be incorporated in the CBA. The union may not validly claim that the proposal in the minutes forms part of the CBA that it
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Labor2aftermt - Article260. 1 2 CBA, HolyCros

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