Bargaining can occur for any subject that the parties agree to discuss and negotiate over. However, in formal negotiations there may be restrictions over which subjects are mandatory, voluntary, and permitted during bargaining.
“In the Philippines, subjects for bargaining in the public sector are restricted to terms and conditions of employment that are not covered by law. This restriction substantially limits subjects of bargaining for public sector unions.”
Melissa Serrano, University of the Philippines, School of Labour and Industrial Relations
Discuss whether your bargaining is covered by legislation regarding mandatory, voluntary and illegal bargaining subjects and how this will impact your bargaining. Discuss whether your bargaining is covered by legislation regarding mandatory, voluntary and illegal bargaining subjects and how this will impact your bargaining.
The following topics are commonly covered in formal union collective bargaining agreements.
Most often the recognition clause is at the beginning of the contract and reads something like this, “The employer(s) recognises the union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours and conditions of employment.” This clause is important as it can allow the union to file a complaint to dispute conditions of employment that are not specifically covered in the contract.
The recognition clause also identifies which workers are covered by the collective agreement and who the employer(s) are. Look to see if all workers are included. Are informal and subcontracted workers covered? If the employer(s) expand and grows their operations, will additional workers be brought into the coverage under the contract? If the employer(s) sell their operations, will the successor company have to uphold the collective bargaining agreement?
A management rights clause may say that the employer(s) has/have the right to run the workplace. This does not mean that they can change any working conditions any time they want. For example, if it says “management has the right to determine what methods are used in production”, the employer(s) will have to negotiate with the union over changes to working conditions. Even if management has a specific right given to them in the management rights clause, they usually still have to bargain over how using that right affects workers.
A grievance procedure is a written dispute resolution that typically begins with a meeting with the direct supervisor, the workers and the union. If there is no resolution within a specified timeframe, the grievance will proceed to a higher level in the company or companies and eventually to an independent arbitrator whose determination is binding on the parties.
Usually contracts cover one to five-year periods, but they can also cover an undetermined term with a written process for renewal. There may be legislation limiting the number of years the parties can agree to.
You will need to decide and propose the ideal timeframe for your situation. Do you need to lock in the wages and benefits for as long as possible in order to protect them from cutbacks? Do you need to limit the contract to one year to provide the maximum opportunity to negotiate additional wages and benefits? Can you line up your contract expiration dates with other unions or for times of maximum impact on the company operations?
There are different ways wages and wage increases are expressed – across-the-board percentages and amounts, profit-sharing, minimum wages, lists of job classifications with step or grade increases, increases in inflation, living wage rates and area wage standards. You will need to decide which way of formulating wage increases or wage standards suits your situation.
Unless limited by law or regulation, the parties can bargain over any subject. Here are some typical subjects for bargaining.
Informal workers may also find themselves bargaining over a number of issues such as the days markets will be open, the right to transport passengers and to work at specific locations, protection from bribes and police violence, facilities and services for workers, and access to capital or loans.
“In Chiang Rai, Thailand, the city government formed an Informal Employment Working Group where city officials and street vendors can meet regularly to discuss street-vending and public space management in the city. Since they have been participating in the working group, the city’s two main street vending organisations have grown in membership. Through the group, they have been able to successfully propose and implement new ideas with the city, like expanding a Saturday market to include one more day of the week.”
https://www.wiego.org/sites/default/files/resources/files/Working%20in%20public%20space.pdf
The Association of Informal Sector Operators and Workers, ASSOTSI, in Mozambique, affiliated to the national trade union centre, has negotiated on many issues with local and central government. It managed to improve water and sanitation services in markets and build toilets.
War on Want, AZIEA, WEAZ, 2006. Forces for Change. Informal Economy Organisations in Africa.
Micro-credit comes with rights and responsibilities The African Hawkers’ Association, based in the Eastern Cape, South Africa, has secured a grant of R 200,000 from the local government of the King Sabata Dalindyebo Municipality for a micro-credit scheme for street-hawkers in the city. At a meeting with the municipality, it was agreed that the criteria for hawkers getting the grant was that their license fees were up to date, that they were citizens, willing and able to pay back the loan, and membership of the African Hawkers’ Association.
https://www.wiego.org/sites/default/files/resources/files/ICC4-Collective-Bargaining-English.pdf
Taxi drivers in Cambodia negotiated with municipal authorities In Phnom Penh, Cambodia, and tri-motor taxis were barred by the municipality from entering the city. After 120 tri-vehicle operators asked their union to intervene, it managed to hold negotiations with the municipality and convinced it to reverse its decision. In a similar negotiation, the municipality reversed a decision to ban tri-motors from carrying passengers at Phnom Penh Airport.
International Transport Worker’s Federation, ITF, 2006, Organising Informal Transport Workers. Global Research Project. Overview Report https://www.itfglobal.org/media/1382/08e_report.pdf
Review the work you have done to identify the key worker and union problems and goals. (link)
Look at the list of bargaining subjects below and discuss which of them may be relevant to your bargaining situation. Discuss whether there are any additional bargaining subjects you will want to include. The list of bargaining subjects will be further prioritised during contract proposal meetings (link) and bargaining surveys (link).
If you do not have standard clauses in your collective agreement to resolve workplace grievances and contract disputes, gather clauses from union agreements from your industry that you can use as examples.
You may also benefit from gathering examples of recognition clauses, contract renewal clauses or other subjects.