Thursday, August 23, 2018
Types of Non-Economic Clauses of CBAs in 2016
- There were 328 CBAs registered in 2016. Most of these CBAs stipulated non-economic clauses which include the following: (1) union security; (2) job security; (3) union privileges; (4) health and safety programs; (5) leave benefits; and (6) productivity enhancement programs.
Union Security Clause
Nine out of every 10 CBAs had union security clauses
- Among all types of non-economic clauses in CBAs, union security clause was the most stipulated clause as specified in 93.6 percent (307 CBAs) of total CBAs (Table 1).
- By type of union security clause, a little over four-fifths (81.7% or 268 CBAs) of total CBAs were check-offs or deductions of union dues from a workers’ paycheck or salary for funding union-related activities. Check-offs deducted include the collection of special assessment fees (60.1% or 197) and agency fees (59.1% or 194), from workers’ take-home pay.
- About three-fifths (58.5% or 192) of total CBAs contained clauses pertaining to management right or prerogative. These are discretionary rights of employers to exercise functions and prerogatives in the management and operations of the organization without discussions with a union.
- Furthermore, five out of every nine registered CBAs (55.2% or 181) provided clauses for the maintenance of union membership.This provision stipulates that employees must maintain their membership in good standing as a requirement of continued employment in the company.
- Some 111 CBAs (33.8%) had stipulations on union right/ responsibility which involves the rights of workers to self-organization and collective bargaining including their duties and responsibilities as union members.
Job Security Clause
- Another non-economic clause stipulated in the registered CBAs in 2016 was job security or the assurance of employees on the continuity of gainful employment during his/her work life.
- Five out of every nine CBAs (55.8% or 183) had provisions on security of tenure of employment in terms of just dismissal/lay-off of workers (Table 2). On the other hand, very few CBAs (3.7% or 12) contained lay-off policies in the agreements.
- Almost two-thirds (62.2% or 204) of registered CBAs provided non-discriminatory filling-up of vacancies through promotion of existing employees. The objective filling-up of vacancies through assignment or transfer of employees within the company’s premises was placed at 43.9 percent or 144 CBAs.The hiring of next-of-kin of retired employees in filling-up vacant positions accounted for more than one-fourth (31.4% or 103) of the total.
- In addition, some collective negotiations that stated the rehire/recall of previously dismissed employees and through union referral to fill-up vacancies accounted for 7.3 percent (24) and 1.5 percent (5), respectively.
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