Republic of the Philippines

CAPIZ STATE UNIVERSITY

Pontevedra Campus

School of the Graduate Studies

DOCTOR OF PUBLIC ADMINISTRATION
1st Semester S. Y. 2023-2024
PA 328- Labor Relations Management

Submitted by: LARA THEA L. ENDAYA Submitted to: DR. HONEYLEE E. CASA
DPA Student Course Facilitator

CHAPTER 4: THE HUMAN ELEMENTS IN AN INDUSTRIAL ORGANIZATION

Objectives:

• Generalize human in terms of pride of work and acceptance by fellow employees.

• Identify problems of employees.
• Determine how to use counseling to solve employee problems.
• Describe concepts and reasons for disciplinary actions.
• Discuss disciplinary program for employees.

EMPLOYEES ARE HUMAN

There’s one universal truth that applies to all different sizes and types of businesses: a company’s
greatest assets are its employees. Employees are crucial, and employers need to keep them.
Employee need to be treated like the valuable assets they are.
Employees are human beings. They each have their own emotional and internal drivers, or
values, that motivate them to do the things they do. If an employer wants to work in harmony with
others in a way that yields the best results, he should be cognizant and honor the top values of
the people work with him. It shows respect, consideration, and good leadership.
Personal needs trump professional aspirations every time. People wake up as human beings, not
as employees of any other company.
Even as many of their waking hours are spent at work, the social Web and fancy smart phones
keep employees connected to their personal goals, problems, and needs 24 hours a day. Yes,
they are always on toggling back and forth through multiple activity streams, in multiple corners
of their screen.
It is true that lots of individuals start their day by signaling to their tribe like friends, fans, and
followers that they are awake, listening, noticing, expressing and sharing too via Foursquare,
Facebook, or Twitter. That is especially true in the start-up world.
Certainly, some of that curiosity is work-related. The key is to understand that this connection to
the interpersonal sphere of the whole person is a good thing. It is good for the employer, good for
the employees, and good for the business too.

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A whole person does the job, not just half. When employers see their employees as whole people,
they feel appreciated and supported. They are filled with more potential motivation to excel rather
than just doing the basics of what is expected.
Personal experiences lend perspective that encourages extraordinary contribution. This extra
contribution helps employees perform at levels beyond what anyone thought was possible.
PRIDE
Pride is intangible. Pride is a psychological feeling and an excessively high opinion employees
having about their job and organization.
It is a combination of pleasure, positive feeling, self-esteem, personal warmth, commitment and
involvement an employee has towards the organization and its values.
Every self-respecting employee needs to feel the significance of his contributions. One of the
most useful characters that management must cultivate and develop is pride for one's work.
The employees can speak positively about the organization to colleagues, potential employees
and customers, having a strong desire to be a member of the organization, and exerting extra
effort to contribute to the organization's success.
Employees with pride tend to get the least supervision and direction from the management,
because they're regularly doing what they are needed to do.
They set goals, meet and exceed expectations and charge enthusiastically toward the next tough
task.
Employees having a high degree of pride will stay with the organization for a longer period of time,
be an advocate of the organization and its products and services, and create emotional
attachment and loyal customers to the organization.
They contribute to good working environment where people are productive, ethical and
accountable.
Employees who take pride in their work are motivated, productive and pleasant to be around.
They raise the overall morale of the workplace and inspire their co-workers.
They happily go above and beyond requirements and expectations simply because their work
makes them feel good.
Employees who are not feeling proud of their job and organization are not just unhappy at work.
They express their discontent and sow seeds of negativity at every opportunity.
They undermine the work of others. They are not just indifferent to organization goals and mission;
they express mistrust and outright ill feeling.
As employees increasingly rely on each other to generate products and services, the problems
and tensions that are fostered by employees without pride can cause great damage to the
functioning of the organization.
Conditions that prevent employee pride should be identified, assessed and addressed.

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ACCEPTANCE BY FELLOW EMPLOYEES
Every employee needs the acceptance and approval of his fellow workers. The employee may
cut his income, if necessary, just to extend help to fellow employee.
In order to reinforce their sense of importance some employees seek to become union stewards
so that other workers will come to them for help. As steward he may represent others rather than
pleading on his behalf.
Whether the co-worker who bulldozes the team during staff meetings and shoots down every new
idea or several colleagues who make up clique outsiders just cannot break into, people need to
work with co-workers they do not like. They can turn an enjoyable job daily personal hell.
Strategies that can help when there is the need to talk to higher-ups or to the co-worker with
whom an employee is having problems:

• Count to 1-10 - In no way react to co-worker's most recent offense: Always move forward
with a cool head. Go home, sleep on it, and plan what to say and to whom.
• Point the finger at yourself- Use "I" statements. Co-workers will be more open to dialogue
when being asked for help rather being attacked or blamed.
• Keep it professional, not personal - This cut the chances of a defensive response.
PROBLEMS OF EMPLOYEES
High employee productivity is the heartbeat of a successful business. When employees are
distracted and unhappy, their work suffers, and ultimately so does the company. When employees
experience problems, they don’t perform to their highest potential.
Troubled employees often call in sick or aren't mentally present when they attend work. Employers
therefore, need to understand the kinds of problems of employee unhappiness and offer
appropriate assistance if needed.
EMPLOYEES HAVE THREE KINDS OF PROBLEMS, WHICH ARE:

• Personal-money, financing, income tax, legal matters, family hear housing, education of
children
• Job-related-supervision, advancement, transfer, relocation, wage, retirement
• Jobs, company and the future-feel inadequate, feel neglected, feel insecure
COUNSELING
Employers/ managers should organize to have a
private discussion with the employee about the problem.
It should be in a comfortable, non-threatening environment and take place at a time when neither
party will be interrupted. It can be effective to conduct this as a counseling session.
A less formal way of dealing with a performance issue is to undertake an informal counseling
session. This is generally in the form of listening and sharing ideas between the
manager/employer and the employee and the manager/employer giving advice direction and
counsel.

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Counseling an employee can benefit both parties. It can be a positive measure that prevents
termination and formal disciplinary action, it can also reduce the turnover of staff and the costs
associated with replacing and training new staff.
DIRECTIVE
someone gives advice and guidance; counselor controls the interview and moves the individual
toward a counselor-chosen goal
NONDIRECTIVE
neither gives advice and guidance but assists the other person in finding solutions to the problem;
counselor stresses means by which the individual becomes more conscious of his own attitude
and feelings with a consequent increase in insight and understanding
An employee may not achieve the desired improved standard immediately after the counseling
session. It may require a period of adjustment and time to steadily improve. The
employer/manager must be committed to the counseling process and reward and recognize the
employee's efforts to improve.
If the employer or manager is facing a situation where an employee may be dismissed, it is
essential that they document and substantiate their actions. The decision for the
employer/manager to make is at what stage the benefit of counseling has been exhausted and
when formal disciplinary proceedings should commence.
Sometimes an employee's performance or conduct issues may be as a result of personal
circumstances such as sickness or family difficulties. If their supervisor becomes aware of these
during a counseling session it may be appropriate to refer the person onto a Guidance Personnel
or other suitable health professional for specialist assistance.
Guidelines to follow in counseling:
Counseling can form the first step before commencement of formal disciplinary procedures. It is
important for the manager or employer to record the fact that the meeting took place and any
course of action that was decided upon.

• Advise the employee the specifics of the behavior and how the behavior is affecting their
work.
• Be specific and compare current performance to expected performance or behavior. Give
examples.
• Avoid comparing the employee with other employees.
• Show empathy - explain your understanding of the situation.
• Be a positive listener - let the employee know your understanding of the situation.
• Establish how and when to follow up on commitments for improvement. There should also
be a date set to review.
• Close on a friendly note ensuring that anything raised in the discussion will be kept
confidential.
• Encourage the employee to keep open lines of communication for future discussion.

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DISCIPLINARY ACTIONS
Through the years, there are employees who developed physical, emotional and psychological
ills. Their previous good records endowed them with job security though they are becoming the
liability of the company. Therefore, discipline as a remedial measure becomes a necessity or else
the organization is bound to fail.
THE FOLLOWING ARE CONCEPTS OF DISCIPLINE:

• as training
• efforts of individual in training himself at self-control for his development
• as sine qua non to orderly behavior
• discipline as a condition toward proper behavior in an organization and among his work
group
• as a judicial due process
• involves restrains/ punishments
Here are some reasons or situation for disciplinary action:

• punching time card for another

• bringing liquor
• smoking in non-designated area
• habitual tardiness or absenteeism
• refusal to obey reasonable orders by authority
• falsifying documents
• appropriating company property for personal use
• destruction of company or other employees property
DISCIPLINARY PROGRAMS
The disciplinary system does not exist primarily to punish employees. Its purpose should be to
control the work environment so that workers are protected and accidents are prevented.
A disciplinary system helps ensure workplace safety and health by letting the company's
employees know what is expected of them. It provides workers with opportunities to correct their
behavior before an accident happens. It is important that employees understand the system and
have a reference to turn to if they have any questions.
Most companies use the following actions in their disciplinary program:

• reminder - employee concern is told of his performance and reminded that unless he
improves his work performance management might be forced to strict measures against
him
• reprimand - should not be told in disrespectful language but in a private way without hurting
the feelings of the erring employee to let him be aware of his mistakes to prevent repetition
• written warning - let the erring employee be aware of his mistakes to. prevent repetition in
document form and record is kept in 201 file
• suspension - suspend the erring employee for a certain period of time to impress upon
him the severity of his mistakes or its frequency

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 • dismissal - when erring employee is incapable of reform it is necessary to terminate his
services; the right to fire an employee and the circumstances in which it will exercised is
usually in the company manual which is made to known to a new employee when he is
hired

• corrective action - this is to cure a fault in an attempt to change the attitude of an erring
employee

CHAPTER 5: COLLECTIVE BARGAINING

Objectives:

• Define collective bargaining;

• compare individual bargaining with collective bargaining;
• name the strengths of collective bargaining;
• identify steps in collective bargaining procedure;
• determine negotiation techniques and issues; and
• explain petition for certification on election

Collective bargaining is the process by which workers collectively negotiate agreements with
their employers. It takes place where workers are collectively organized in a trade union which
negotiates on their behalf with a management which recognizes the union's right to represent
their members.
Views on Collective Bargaining
Collective bargaining constitutes one of the core tools for trade unions. The International Labor
Organization (ILO) defines it as voluntary negotiations between employers or employers'
organizations and workers' organization, with a view to the regulation of terms and conditions of
employment by collective agreements.
The object of collective bargaining is to include a Collective Agreement. The agreement may deal
with pay, health Care, pensions and other benefits, hours, leave, job health and safety policies,
ways to balance work and family and more.
Collective bargaining refers to the process or means of bargaining through dialogue between the
partners involved. The result thereby is not necessarily an agreement. Collective bargaining is
used as a method to improve terms and conditions of employment.
Trade unions and employers share power of rulemaking in this process. Outcomes of the
collective bargaining process, as agreements are, may provide for ensuring security for workers
as well as for industrial peace for employers. Thus, collective bargaining can improve the
industrial relations climate.
This is also the base for a trusty relationship between the social partners which are the trade
unions and workers representatives on the one side and the employers and employers’
organizations on the other side. Because of the sharing of decision power, collective bargaining

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is also called "social partnership" if it concerns a partnership between organized employers
institutions and organized labor institutions.
Individual bargaining is the process by which an employer and an employee negotiate an
individual contract of employment, regulating the terms and conditions of employment. The main
advantage of individual bargaining is it is a single voice and thus there is no conflict in matters.
it expresses the views and opinions of one person and there is no compromising. The major
disadvantage of individual bargaining is that the manager will not take a lot of notice of just one
person's views or opinions and therefore nothing will happen. Thus, there is not a lot of chance
that individual bargaining will have an influence on company decisions and policies.
The chief advantage of collective bargaining is that the manager will not take a great deal of time
in deciding on what action to take on an individual level. This means the employees have greater
influence in the final decision the manager will take.
So there is a great chance of the employees getting what they demand. In contrast, the foremost
disadvantage of collective bargaining is that it is seen as depriving the individual worker of their
individual liberty and voice.
Strength of Collective Bargaining
In the past collective bargaining was largely confined to pay and hours work. Today, collective
bargaining covers a much broader agenda, encompassing such things as pensions, health and
safety, equality of opportunity, training and personal development, and consultation on
participative arrangements. Collective agreements usually stipulate procedures for dealing with
grievances and disciplinary matters.
Collective bargaining has been around since World War II and has developed rapidly, some
collective bargaining agreements are registered with the labor court and are binding by law,
however others are only mutually accepted agreements the advantages of collective bargaining
include:

• Can lead to high-performance workplace where labor and management jointly engage in
problem solving, addressing issues on an equal standing.
• Provides legally based bilateral relationship.
• Management's rights are clearly spelled out.
• Employers' and employees' rights protected by binding collective bargaining agreement.
• Multi-year contracts may provide budgetary predictability on salary and other
compensation issues.
• Unions may become strong allies in protecting higher education from the effects of an
economic slowdown.
• Promotes fairness and consistency in employment policies and personnel decisions within
and across institutions.
• Employees may choose whether they want union representation.
• A strong labor management partnership may enable the workforce development needed
for engaging the technology revolution.
Duty to Bargain Collectively

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An affirmative duty to bargain collectively and, with it, an obligation to carry out that duty in "good
faith" devolved upon labor organizations.

Procedure
The Labor Code prescribes the procedure to be observed in collective bargaining, as follows:
1. When a party desires to negotiate an agreement, it shall serve a written notice upon the other
with a statement of its proposals. The other party shall make a reply thereto not later than ten (10)
days from receipt of such notice.
2. Should differences arise on the basis of such notice and reply, either party may request for a
conference which shall begin no later than ten (10) days from the date of request.
3. If the dispute is not settled, the Bureau of Labor Relations shall intervene upon request of either
or both parties or at its own initiative and it shall be the duty of the parties to participate fully and
promptly in the conciliation meetings the Bureau may call.
4. During the conciliation proceedings in the Bureau, the parties are prohibited from doing any act
which may disrupt or impede the early settlement of the disputes.
5. The Bureau shall exert all efforts to settle disputes amicably and encourage the parties to
submit their case to a voluntary arbitrator.
By nature and purpose, a collective bargaining agreement should provide for pertinent terms and
conditions of employment. Where the agreement does not touch substantially on the rates of pay,
wages, hours of employment, but merely establishes a grievance procedure for some employees,
it is incomplete and is no bar to certification election.
The Civil Code also subjects collective bargaining agreements to a condition when it provides that
the relations between capital and labor are not merely contractual. They are so impressed with
public interest that labor contracts must yield to the public good. Therefore, such contracts are
subject to special laws on labor unions, collective bargaining, strikes and lockouts.

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This means that collective bargaining agreements, which are labor contracts, are subject to labor
laws. Hence, an agreement which provides terms and conditions of employment below minimum
standards established by law, or any other matter contrary to the Labor Code, would render the
agreement null and void as volatile of the law.
In the example given, the "sweetheart" character of the CBA stipulations would render it nugatory.
This is also a ground for cancellation of the registration of the union concerned. Other content
requirements are also prescribed by the Labor Code. Thus, it provides that " the parties to a
collective bargaining agreement shall include therein provisions that will ensure the mutual
observance of its terms and conditions. They shall establish machinery for the adjustment and
resolution of grievances arising from the interpretation or implementation of their Collective
Bargaining Agreement and those arising from the interpretation or enforcement of company
personnel policies.
All grievances submitted to the grievance machinery which are not settled within seven calendar
days from the date of its submission shall automatically be referred to voluntary arbitration
prescribed in the Collective Bargaining Agreement. For this purpose, parties to a Collective
Bargaining Agreement shall name and designate in advance a voluntary arbitrator or panel of
voluntary arbitrators or include in the agreement a procedure for the selection of such voluntary
arbitrator or panel.
By the same token, a CBA which does not provide for grievance machinery or designate a
voluntary arbitrator or panel of arbitrators, or a procedure for selecting one, is substantively
defective and will not actuate the Contract Bar Rule. According to the Supreme Court, the
grievance procedure is a part of the continuous process of collective bargaining. It is intended to
promote, as it were, a friendly dialogue between labor and management as a means of
maintaining industrial peace.
Negotiation Techniques and Issues
In simplest terms, negotiation is a discussion between two or more disputants who are trying to
work out a solution to their problem. This interpersonal or inter-group process can occur at a
personal level, as well as at a corporate or international (diplomatic) level.
Negotiations typically take place because the parties wish to create something new that neither
could do on his or her own, or to resolve a problem or dispute between them.
The parties acknowledge that there is some conflict of interest between them and think they can
use some form of influence to get a better deal, rather than simply taking what the other side will
voluntarily, give them. They prefer to search for agreement rather than fight openly, give in or
break off contact.
When parties negotiate, they usually expect give and take. While they have interlocking goals that
they cannot accomplish independently, they usually do not want or need exactly the same thing.
This interdependence can be either win-lose or win-win in nature, and the type of negotiation that
is appropriate will vary accordingly.
The disputants will either attempt to force the other side to comply with their demands, to modify
the opposing position and move toward compromise, or to invent a solution that meets the
objectives of all sides. The nature of their interdependence will have a major impact on the nature
of their relationship, the way negotiations are conducted, and the outcomes of these negotiations.

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Mutual adjustment is one of the key causes of the changes that occur during a negotiation. Both
parties know that they can influence the other's outcomes and that the other side can influence
theirs. The effective negotiator attempts to understand how people will adjust and readjust their
positions during negotiations, based on what the other party does and is expected to do.
The parties have to exchange information and make an effort to influence each other. As
negotiations evolve, each side proposes changes to the other party's position and makes changes
to its own. This process of give-and-take and making concessions is necessary if a settlement is
to be reached.
If one party makes several proposals that are rejected, and the other party makes no alternate
proposal, the first party may break off negotiations. Parties typically will not want to concede too
much if they do no sense that those with whom they are negotiating are willing to compromise.
The parties must work toward a solution that takes into account each person's requirements and
hopefully optimizes the outcomes for both. As they try to find their way toward agreement, the
parties focus on interests, issues, and positions, and use cooperative and/or competitive
processes to come to an agreement.
Collective bargaining is a voluntary process and must be carried out freely and in good faith. It
can extend to all terms and conditions of work and employment and may regulate the relations
between employers and workers as well as between the organizations of employers and workers.
It is for the parties engaged in collective bargaining to decide what will be covered by their
negotiations.
Some of the subjects of collective bargaining identified by the ILO's Committee on Freedom of
Association include: wages, benefits and allowances, working time, annual leave, selection
criteria in case of redundancy, the coverage of collective agreement, and granting of trade union
facilities.
However, strict limitations on the subject matter of negotiations may be possible in the case of
economic stabilization policies imposed by a government for example on wage rates. In this case,
the restriction should be imposed as an exceptional measure and only to the extent that it is
necessary.
Petition for Certification on Election (PCE)
Certification election is a process of determining through secret ballot the sole and exclusive
bargaining agent (SEBA) of all the employees in an appropriate bargaining unit for the purpose
of collective bargaining. The union that garners majority of the valid votes cast in a valid
certification election shall be certified as the SEBA.
Among the important requirements are the following:
1. A statement indicating any of the following:
• That the bargaining unit is unorganized or that there is no registered CBA covering
the employees in the bargaining unit;
• If there exists a duly registered CBA, that the petition is filed within the sixty-day
freedom period of such agreement;
• If another union had been previously recognized voluntarily or certified in a valid
certification, consent or run-off election, that the petition is filed outside the one-

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 year period from entry of voluntary recognition or conduct of certification or run-off
election and no appeal is pending thereon.

2. In an organized establishment, the signature of at least twenty five (25%) percent of all
employees in the appropriate bargaining unit shall be attached to the petition at the time of its
filing
The petition will be raffled to the Med-Arbiter for preliminary conference to determine, among
others, the bargaining unit to be represented, the contending unions, and the possibility of consent
election.
The PCE will be endorsed to an election officer for the conduct of pre-election conference wherein
the date, time and place of election will be identified; the list of challenged and eligible voters will
be made, as well as the number and location of polling places.
Certification election in organized establishments requires that:
A. a petition questioning the majority status of the incumbent bargaining agent is filed before the
DOLE within the 60-day freedom period;
B. such petition is verified; and
C. the petition is supported by the written consent of at least twenty five percent (25%) of all
employees in the bargaining unit.

Certification election in unorganized establishments shall "automatically be conducted upon the

filing of a petition for certification election by an independent union or a federation in behalf of the
chartered local or the local/chapter itself.

Reference:

Labor-Management Relations and Negotiations

Prof. Angelita Ong-Serrano

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