The duty to bargain in good faith is mandated on both the employer and the employee’s sole and exclusive bargaining agent, whether or not there exists a collective bargaining agreement.
▪ In the context of labor relations, the employer and the workers’ bargaining unit has the duty to bargain collectively.
▪ There is duty to bargain whether there is a CBA or not.
“Duty to bargain collectively” – means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession. (Article 263, P.D. 442, Labor Code)
a. Surface bargaining
“Surface bargaining” – is defined as “going through the motions of negotiating” without any legal intent to reach an agreement. (Standard Chartered Bank Employees Union v. Confesor, Standard Chartered Bank, G.R. No. 114974, 16 June 2004)
1) Question of intent
The resolution of surface bargaining allegations never presents an easy issue. The determination of whether a party has engaged in unlawful surface bargaining is usually a difficult one because it involves, at bottom, a question of the...
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