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Unformatted text preview: osal
contained
in
minutes
but
not
in
the
CBA
itself
 o Is
not
part
of
the
CBA
 o SMTFM­UWP
v.
NLRC
 Lalay
Abala.
ALS2014B.
Labor
II.
 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
 finally
entered
into
with
the
company
 Where
a
proposal
raised
by
a
contracting
party
does
 not
 find
 print
 in
 the
 CBA,
 it
 is
 not
 part
 thereof
 and
 the
 proponent
 has
 no
 claim
 whatsoever
 to
 its
 implementation
 Zipper
clause
 o Device
 to
 forestall
 negotiation
 proposals
 after
 the
 CBA
 has
 been
signed
 o It
is
a
stipulation
in
the
CBA
indicating
that
issues
that
could
 have
 been
 negotiated
 upon
 but
 not
 contained
 in
 the
 CBA
 cannot
be
raised
for
negotiation
when
the
CBA
is
already
in
 effect
 o In
 short,
 the
 CBA
 is
 a
 complete
 agreement,
 negotiation
 is
 closed,
as
a
zipper
does
 Law
deemed
written
in
contract
 Binding
effect
of
agreement
 • A
 union
 member
 who
 is
 employed
 under
 an
 agreement
 between
 the
 union
and
his
employer
is
bound
by
the
provisions
thereof,
since
it
is
a
 joint
and
several
contract
of
the
members
of
the
union
entered
into
by
 the
union
as
their
agent
 • Persons
entitled
to
benefits
 o Even
the
non‐member
employees
are
entitled
to
the
benefits
 of
the
contract
 o To
accord
its
benefits
only
to
members
of
the
union
without
 any
 valid
 reason
 would
 constitute
 undue
 discrimination
 against
non‐members
 • Managers
not
entitled
to
CBA
benefits;
exception
 o There
 is
 nothing
 to
 prevent
 the
 employer
 from
 granting
 benefits
 to
 managerial
 employees
 equal
 to
 or
 higher
 than
 those
afforded
to
union
members.
There
can
be
no
conflict
of
 interest
 where
 the
 employer
 himself
 voluntarily
 agrees
 to
 grant
such
benefits
to
managerial
employees
 • Effect
 of
 collective
 agreement
 on
 the
 individual
 contracts
 of
 employment
 o When
 a
 CBA
 is
 concluded,
 the
 members
 of
 the
 labor
 union
 are
 precluded
 from
 entering
 into...
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