THE UNIVERSITY on March 15 allayed fears that the deadlock in negotiations for a new salary and benefits deal would disrupt classes.
In its first statement on the deadlock, UST confirmed that talks between management and union negotiators have stalled despite “earnest efforts from both parties” to strike a deal on the 2021-2026 collective bargaining agreement (CBA).
“We assure the entire Thomasian community that this impasse will not disrupt classes or University operations,” UST said in a statement posted on social media.
UST also said it would remain open to dialogue with the UST Faculty Union (USTFU) and would exhaust “all available legal and ethical remedies” to swiftly resolve the deadlock.
“While the University pursues all available legal and ethical remedies, it remains open to dialogue with USTFU to uphold industrial peace,” it said.
“We stand in solidarity with all University stakeholders in hoping and praying for a just and swift resolution to the CBA deadlock,” it added.
USTFU officially declared a deadlock on 11 provisions on March 14, more than a year after negotiations began. This came after the union membership voted to reject the UST management’s “final” offer, signaling support for the deadlock.
READ: Union eyes filing of strike notice on March 24
Labor and legal experts had pointed out to the Varstiarian that a deadlock would open up the possibility of a strike or lockout, or guided mediation by the National Conciliation and Mediation Board (NCMB).
A strike happens when faculty members refuse to work as a form of protest, while a lockout occurs when employers temporarily refuse to give their employees work.
UST’s faculty CBA does not have a no-strike clause.
Asst. Prof. Danielito Jimenez, who teaches labor law at the UST Department of Legal Management, had said that there is nothing unusual or alarming about a deadlock, as government mechanisms exist to handle such situations.
“In other words, this should be welcome and even [be deemed] usual in a failed negotiation — something that both parties should not be fearful about,” Jimenez, a former president of the Arts and Letters Faculty Club, said in an earlier interview with the Varsitarian.
READ: EXPLAINER: What happens when collective bargaining talks end up in a deadlock?
Jimenez had said that a strike is unlikely, noting that government mediation usually succeeds in preventing such efforts.
“Based on my experience as a labor lawyer in similar cases, as long as both [sides] will keep an open mind and will go through the process, I do not see any potential risk,” the lawyer said.
“Both mechanisms are recognized by law but given the anticipated mediation, it is highly possible that these options of strike and lockout would not be necessary or may be preempted,” he added.
If a strike happens, the government has a trump card: the Labor Code allows the Secretary of Labor to “assume jurisdiction” over the labor dispute in industries considered “indispensable to the national interest.” The labor chief will then make a final decision on the salaries and benefits package.
This happened in UST during the 1989 strike that resulted in the dismissal of 16 union officials, with Labor Secretary Ruben Torres eventually producing a compromise CBA.
The March 14 deadlock marked the beginning of a “cooling off” period spanning five working days, set to lapse March 21, between USTFU and the UST administration. During this time, both parties may “offer options to resolve the issue,” according to negotiation ground rules.
If union and management negotiators fail to reach a compromise within this period, the USTFU will file a notice of strike with the NCMB on March 24, allowing the government body to step in and intervene to resolve remaining disputes concerning the CBA.
