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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » CBA for government agencies

CBA for government agencies

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1CBA for government agencies Empty CBA for government agencies Fri Nov 26, 2010 10:51 am

shawn


Arresto Menor

Is the Collective Bargaining Agreement (CBA) valid if a member (who is also an officer of the labor union) of the Collective Bargaining Unit (CNU) is the spouse of the Head of the Office (the top management)? CBA is an agreement between the management and the labor union (in government agencies). what if the member CNU of the labor union is the spouse of the manager? Is the agreement valid?

2CBA for government agencies Empty Re: CBA for government agencies Sat Nov 27, 2010 10:38 am

attyLLL


moderator

while it is commonly called a cba, it can be looked only as an agreement subject to possible review by higher authorities. it is not the same as a cba in private companies.

unless you can show that there was an irregularity committed by the person, i do not believe mere relationship is sufficient to make the agreement invalid, especially if the general membership is given the opportunity to review and vote for or against the agreement.

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3CBA for government agencies Empty Re: CBA for government agencies Tue Nov 30, 2010 11:13 am

resjudicata


Arresto Mayor

CBA is for the private sector while CNA is applicable to collective negotiation in the government. The Labor Code and ExO No. 180 are silent on this aspect, on the possible conflict of interest of the negotiating parties who are related to each other. I believe it must be specified in the CNA or CBA. I agree with Atty.LLL's opinion but to avoid doubts on the credibility of the output of the negotiation, their presence (spouses) should be scrutinized.

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