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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
MAPSA-JPIC 2006 2
“…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
MAPSA-JPIC 2006 3
“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
MAPSA-JPIC 2006 4
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…”
MAPSA-JPIC 2006 5
“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
MAPSA-JPIC 2006 6
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)
MAPSA-JPIC 2006 7
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.
MAPSA-JPIC 2006 8
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
MAPSA-JPIC 2006 9
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
MAPSA-JPIC 2006 10
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
MAPSA-JPIC 2006 11
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
MAPSA-JPIC 2006 12
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
MAPSA-JPIC 2006 13
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
MAPSA-JPIC 2006 14
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
MAPSA-JPIC 2006 15
Promoting Harmonious Relation Between Capital and Labor
Management Prerogatives
Workers’
Right
Labor Laws/ CRR/ CBA
GOSPEL
CST
MAPSA-JPIC 2006 17
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
MAPSA-JPIC 2006 18
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.
MAPSA-JPIC 2006 19
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.
MAPSA-JPIC 2006 20
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
MAPSA-JPIC 2006 21
“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