MAPSA-JPIC 2006 1

Labor-Management Relationship in

Catholic Schools

MAPSA-HRMD

GENERAL ASSEMBLY Presented by: Arnel B. Galgo

Paco Catholic School

August 15, 2006

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“…the primary basis of the value of work is man himself…” (LE#6)

“…the Church considers it her task always to call

attention to the dignity and rights of those who work,

to condemn situations in which that dignity and those

rights are violated, and to help to guide the

abovementioned changes so as to ensure authentic

progress by man and society.” (LE#1)

POPE JOHN PAUL II’S LABOREM EXERCENS, 1981:

“…the Church…can eminently bring together and

unite the rich and the poor by recalling the two classes

of society to their mutual duties, and in particular to

those duties which derive from justice.” (RN#29)

POPE LEO XIII’S RERUM NOVARUM, 1891:

CATHOLIC SOCIAL TEACHING on LABOR

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“If the directors of the school and the lay people who work in the school

are to live according to the same ideals, two things are essential. First, lay

people must receive an adequate salary, guaranteed by a well

defined contract, for the work they do in the school: a salary that

will permit them to live in dignity, without excessive work or a need

for additional employment that will interfere with the duties of an

educator.... Secondly, laity should participate authentically in the

responsibility for the school; this assumes that they have the ability

that is needed in all areas, and are sincerely committed to the

educational objectives which characterize a Catholic school. And the

school should use every means possible to encourage this kind of

commitment; without it, the objectives of the school can never be fully

realized. It must never be forgotten that the school itself is always in the

process of being created, due to the labour brought to fruition by all those

who have a role to play in it, and most especially by those who are

teacher…” #78

“LAY CATHOLICS IN SCHOOLS: WITNESSES TO FAITH” THE SACRED CONGREGATION FOR CATHOLIC EDUCATION, 1982

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For the Employers:

• “lay people must receive an adequate salary…”

• “guaranteed by a well defined contract…”

• “a salary that will permit them to live in dignity, without excessive work or a need for additional employment that will interfere with the duties of an educator…”

For the Employees:

• “laity should participate authentically in the responsibility for the school…”

• “this assumes that they have the ability that is needed in all areas, and…”

• “…are sincerely committed to the educational objectives which characterize a Catholic school…”

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“The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate relations between workers and employers. The State shall assure the rights of workers of self-organizations, collective bargaining, security of tenure and just and humane conditions of work.” (Chapter 1, Art. 3)

According to the Labor Code of the Philippines (PD No. 442):

According to the Manual of Regulations for Private Schools:

“Every private school shall promote the improvement of economic, social and professional status of all its personnel…” (Article XVII, Sec. 9)

PROTECTION TO LABOR

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Basic Rights of Labor

1. Right to Just and Living Wage (Book III. Title II. Wages

Chapter II-V. Articles 102-129/MRPS Art. XVII, Sec 90)

2. Right to Normal Hours of Work (Book III, Title 1, Chapter

1, Articles 82-90/ MRPS Art. IX, Sec. 45-46)

3. Right to Rest (Book III, Title 1, Chapter 2, Articles 91-92)

4. Right to Security of Tenure (Book VI, Title 1, Art. 279/

MRPS Art. XVII, Section 91-94)

5. Right to Self Organization (Book V, Title IV, Chapter 1-5)

6. Right to Collective Bargaining (Book V, Title VII)

7. Right to Strike (Book V, Title VIII, Chapter 1, Art. 263-266)

8. Right to Health and Safety (Book IV)

9. Right to Social Security and Welfare (Book IV)

10. Rights of Women and Children (Book III, Title III,

Chapters I-2)

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Employer – includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of it officers/ agents except when acting as an employer

Definitions (Labor Code, Art. 212):

Employee – includes any person in the employment of the employer. The term shall not be limited to the employees of a particular employer unless the Labor Code explicitly states.

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Theories and Sources of Management Rights

1. Property Rights

2. Reserved Rights Theory

3. Implied Obligations Theory

Limits of Management Prerogatives

1. Subject to legal limits, CBA, principle of fair play and justice

2. In keeping with good faith, not for defeating rights of

employees

3. Absence abuse of discretion, arbitrariness or maliciousness

4. Employment as a property right; subject to state regulations

5. Management must inform employees of decisions and

modes of action

Management Rights

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Management Rights Recognized (Art. 282-284):

1. The right to establish or close operations

2. The right to recruit and select

3. The right to transfer and promote

4. The right to schedule work, set levels of production

5. The right to fire and terminate employment

Control Test (Jimenez vs NLRC, GR 116960, April 2, 1996)

1) The selection and the engagement of the employee

2) The payment of wages

3) The power of dismissal

4) The power to control the employee’s conduct

Management Rights According to the Labor Code & Jurisprudence

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School Head

Other School Officials (Incl. Teachers occupying

Supervisory Positions)

Academic

Personnel

Non-Academic

Personnel

*School Personnel

*As defined in MRPS, Gen. Provisions, Sec.4.m.

Private School Personnel

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Labor Code

of the

Philippines

Manual of

Regulation

For Private

Schools

Academic

Personnel

Laws Governing Terms and Conditions Of Employment of School Personnel

Non-Academic

Personnel

School Personnel

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Grievance is “any question by either the employer or

the union regarding the interpretation or application

of the collective bargaining agreement or company

personnel policies or any claim by either party that

the other party is in violation of any provision of the

CBA or company personnel policies”.

Personnel Policies are guiding principles stated in broad, long-range terms that express the philosophy or beliefs of

an organization’s top authority regarding personnel matter. Matters affecting efficiency and well-being of employees…

procedures in administration of wages, benefits, promotions, transfers and other personnel movements…The

usual source of grievance, however, is the rules and regulations governing disciplinary actions.

DEFINITIONS

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HONESTY/

INTEGRITY

NON-PERFORMANCE

CONFLICT OF

INTEREST

MORALITY

ATTENDANCE

AND

PUNCTUALITY

ORDERLINESS/

GOOD CONDUCT

AGAINST

PROPERTY

AGAINST

PERSON

Violations of Usual Norms of Personnel Conduct or Behavior of Employees

GRIEVANCE

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LCP: Book V, Title I, Art. 211 (A); Title VII-A, Art. 260

MRPS: Article XVII, Section 97

“Grievance Machinery. Every private school shall provide for amicable internal procedures or

remedies, including provisions for voluntary arbitration, as a preferable measure in the

settlement of any issue, dispute or grievance arising from employment relations.”

1987 Constitution: Sec. 3., Article XIII

“The State shall promote the principle of shared responsibility

between workers and employees and the preferential use of voluntary

modes in settling disputes, including conciliation, and shall enforce

their mutual compliance therewith to foster industrial peace.”

Settlement of Labor-Management Conflicts/Disputes

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Promoting Harmonious Relation Between Capital and Labor

Management Prerogatives

Workers’

Right

Labor Laws/ CRR/ CBA

GOSPEL

CST

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CHURCH-GOVERNMENT PARTNERSHIP

1998 (September)

2006 (March)

RCAM-AMLC DOLE-NCMB

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The AMLC – NCMB MOA

“AMLC…to lend its assistance to NCMB-DOLE…providing voluntary conciliators and mediators to help employers and workers in Catholic parochial schools, parishes and other Catholic institutions within the Archdiocese of Manila and the suffragan dioceses and their workers in any labor disputes…”

Some Important Sections of the MOA:

Sec. 1. AMLC to maintain a pool of voluntary conciliators

Sec. 2. AMLC pool of voluntary conciliators to provide conciliation and mediation services to unions and management and/or workers and managements if requested

Sec. 3. Accreditation and training of volunteers

Sec. 4. Cases when filed to NCMB-DOLE, they will seek assistance or refer the case to AMLC for mediation and conciliation

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Conciliation-Mediation (CM)

Definition: A voluntary process where trained neutral third party, facilitates the negotiation between parties, using learned techniques, as a means of helping them reach a mutually satisfying outcome.

Participants: The Parties involved The Conciliator-Mediator The Lawyers (only if desired and agreed by the parties)

Difference from Arbitration: In CM, parties decide on how to resolve the problem for a win-win solution; In Arbitration, the parties surrender to the labor arbiter the sole right to make a decision, thus, there will always be winner and loser.

What if it does not work? CM is purely a voluntary process where any of the parties, including the conciliator-mediator can terminate the proceedings at any time when it does not seem to be working, and proceed to compulsory arbitration.

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Benefits of Conciliation-Mediation

1. CONVENIENT. Re-settings are arranged to meet the schedule of the persons involved or by agreement of the parties.

2. PRIVATE. All procedures are confidential.

3. VOLUNTARY. Parties may undergo the process if they choose to do so.

4. RELATIONSHIP-BUILDING. As said earlier, conflict resolved through cooperation results in better feelings thus safer, stronger community.

5. AFFIRMING. Individuals gain self-esteem, mutual respect, and new skills for dealing with the future conflicts.

6. COST-EFFECTIVE. Effectively resolving disputes generally reduces both the emotional and financial cost.

7. TIME-SAVING. Usually results in much quicker resolution of problems than when taken in court.

8. WIN-WIN. Better than win/lose of court action.

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Challenges to MAPSA-HRD

• Knowledge and Appreciation of the Bible, Catechism, and the

Catholic Social Teaching as source of Christian Principles,

Standards and Guidelines for Conflict Management & Resolution

• Training on Labor Relations including Conflict Management Skills

• Creation or Maximization of HR Mechanisms and Structures on

Conflict Management & Resolutions (e.g. Grievance Machinery,

LMCs, dialogues and consultations, etc.)

• Knowledge and Adherence to the Labor Code of the Philippines, the

Manual of Regulations for Private Schools, MAPSA Employees’

Manual and other references of code and standards

• Establishing of regular Orientation on Institutional Policies and

Regulations; Venues of Dialogues and Consultations; Standards of

Accountability and Transparency

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“If your brother sins against you, go to him and show him his fault. But do it privately, just between yourselves, if he listens to you, you have won your brother back. But if he will not listen to you, take one or two others with you, so that ‘every accusation may be by the testimony of two or more witnesses’, as the scriptures says. And if he will not listen to them, then tell the whole thing to the church. Finally, if he will not listen to the church, treat him as though he were a pagan or a tax collector.” - Matthew 18:15-17

“You are the people of God…you must clothe yourself with compassion, kindness, humility, gentleness and patience. Be tolerant with one another whenever any of you has a complaint against someone else.” - Col.3:12-13

Going Back to the Basic…

“If you have love for one another, then everyone will know that you are my disciples.” - John 13:35

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MARAMING SALAMAT PO!

Arnel B. Galgo MAPSA-JPIC