The command of the boulware approach was clear

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Unformatted text preview: or
 participation
 in
 the
 normal
 activities
 of
 their
 organization
 and
 their
 employment
 shall
 not
 be
 subject
 to
 the
 condition
 that
 they
 shall
 not
 join
 or
 shall
 relinquish
 their
 membership
 in
 their
 employees’
organizations
 This
 EO
 established
 the
 Public
 Sector
 Labor‐ Management
Council
(PSLMC)
 Limited
purpose
 o The
 right
 of
 government
 employees
 to
 form,
 join
 or
 assist
 employees’
 organizations
 of
 their
 own
 choosing
 is
 not
 regarded
 as
 existing
 or
 available
 for
 purposes
 of
 collective
 bargaining,
 but
simply,
for
the
furtherance
and
protection
of
 their
interests
 o The
 right
 of
 government
 employees to
 deal
 and
 negotiate
 with
 their
 respective
 employers
 is
 not
 quite
 as
 extensive
 as
 that
of
private
employees
 o Excluded
 from
 negotiation
 by
 government
 employees
 are
 terms
and
conditions
of
employment
that
are
fixed
by
law,
it
 being
only
those
terms
and
conditions
not
otherwise
fixed
by
 law
 that
 may
 be
 subject
 of
 negotiation
 between
 the
 duly
 o • Lalay
Abala.
ALS2014B.
Labor
II.
 • • • recognized
 employees’
 organizations
 and
 appropriate
 government
authorities
 o Not
 negotiable
 are
 matters
 that
 require
 appropriation
 of
 funds
 and
 those
 that
 involve
 the
 exercise
 of
 management
 prerogatives
 o Considered
 negotiable
 are
 such
 matters
 as
 schedule
 of
 vacation
 and
 other
 leaves,
 work
 assignment
 of
 pregnant
 women;
 recreational,
 social,
 athletic,
 and
 cultural
 activities
 and
facilities
 No
signing
bonus
 o Employees
and
officers
of
SSS
are
not
entitled
to
the
signing
 bonus
 provided
 for
 in
 collective
 negotiation
 agreement
 because
 the
 process
 of
 collective
 negotiations
 in
 the
 public
 sector
 does
 not
 encompass
 terms
 and
 conditions
 of
 employment
requiring
the
appropriation
of
public
funds
 Excepted
employees
 o Excepted
 from
 EO
 180
 are
 members
 of
 the
 AFP,
 including
 police
 officers,
 policemen,
 firemen
 and
 jail
 guards.
 For
 reasons
 of
 security
 and
 safety,
 they
 are
 not
 allowed
 to
 unionize
 o High
 level
 employees
 whose
 functions
 are
 normally
 considered
as
policy
making
or
managerial,
or
whose
duties
 are
of
a
highly
confidential
nature
shall
not
be
eligible
to
join
 the
organization
of
rank‐and‐file
government
employees
 High
 level
 employee
 is
 one
 whose
 functions
 are
 normally
 considered
 policy
 determining,
 managerial
 or
 one
 whose
 duties
 are
 highly
 confidential
in
nature
 A
 managerial
 function
 refers
 to
 the
 exercise
 of
 powers
such
as
–
 To
 effectively
 recommend
 such
 managerial
actions
 To
 formulate
 or
 execute
 management
 policies
and
decisions
 To
 hire,
 transfer,
 suspend,
 lay‐off,
 recall,
 dismiss,
assign
or
discipline
employees
 Professors
as
rank­and­file
employees
 o Professors
at
UP
who
are
not
exercising
managerial
or
highly
 confidential
 functions
 are
 rank‐and‐file
 employees
 and
 may
 unionize
separately
from
the
non‐academic
personnel
 o UP
v.
Ferrer­Calleja
 W/N
professors,
associate
professors
and
assistant
 professors
 are
 high‐level
 or
 rank
 and
 file
 employees?
NO.
 They
 can’t
 be
 considered
 as
 exercising
 such
 managerial
or
highly
confidential
functions
as
would
 justify
 their
 being
 categorized
 as
 high­level
 employees
 of
 the
 institution.
 They
 do
 not
 formulate
 policies,
rules,
and
standards.
 50
 W/N
 they
 and
 other
 employees
 performing
 academic
 functions,
 should
 compromise
 a
 bargaining
 unit
 distinct
 from
 that
 of
 the
 non‐ academic
employees?
YES.
 The
 community
 or
 mutuality
 of
 interests
 test
 has
 provided
 the
 standard
 in
 determining
 the
 proper
 constituency
of
a
collective
bargaining
unit.
In
short,
 the
 professors,
 associate
 and
 assistant
 professors
 of
 UP
 are
 rank­and­file
 employees.
 The
 full
 professors,
 associate
professors,
assistant
professors,
instructors
 and
 the
 research,
 extension
 and
 professional
 staff
 may,
 if
 so
 minded,
 organize
 themselves
 into
 a
 separate
collective
bargaining
unit.
 Right
to
strike
 o EO
 180
 concedes
 to
 government
 employees
 the
 right
 to
 engage
 in
 concerted
 activities,
 including
 the
 right
 to
 strike...
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