THE UNIVERSITY has called on the Secretary of Labor to assume jurisdiction over the deadlock in negotiations for a new salary and benefits deal for teachers, the UST Faculty Union (USTFU) said on Tuesday, April 1.
In a statement containing updates about the first conciliation conference with the National Conciliation and Mediation Board (NCMB) on March 28, the USTFU said UST management had filed a petition for the labor chief to intervene in the industrial dispute.
“While awaiting resolution of the petition, UST management affirmed its participation in the conciliation-mediation process under NCMB,” the statement, disseminated to USTFU membership on April 1, read.
USTFU filed a notice of strike on March 25, citing a deadlock in talks over a collective bargaining agreement (CBA) covering the years 2021-2026.
The filing triggered a process that could lead to a strike as early as May 2. In the meantime, a 30-day period will allow labor conciliator-mediators to attempt to resolve the impasse.
RELATED: EXPLAINER: What happens when collective bargaining talks end up in a deadlock?
Under the Labor Code, however, the Secretary of the Department of Labor and Employment (DOLE) has the authority to prevent a strike and assume jurisdiction over disputes affecting industries deemed essential and indispensable to the national interest and economy.
According to DOLE Order 40-H-13 issued in 2013, these industries include the hospital sector, electric power industry, water supply services, air traffic control, and others identified by a national tripartite council.
As one of the largest higher education institutions in the Philippines, UST serves over 40,000 students and employs approximately 2,000 faculty members. It has operations in General Santos City and Santa Rosa, Laguna.
There are two ways the labor chief may assume jurisdiction: if both parties jointly request intervention, or if, after calling a conference, the secretary decides to act on a petition by either party or intervenes motu proprio.
Compulsory arbitration
Labor lawyer and UST Department of Legal Management faculty member Danielito Jimenez said this process enables DOLE to fulfill its constitutional mandate to arbitrate labor disputes.
If the labor secretary assumes jurisdiction, the dispute will be subjected to compulsory arbitration.
By law, the labor chief must render a decision within 30 days of receiving the case, which will take effect 10 days after both parties receive a copy of the ruling.
“Unlike the usual negotiation, it will no longer involve just the parties but DOLE will be there to arbitrate,” Jimenez told the Varsitarian. “It will be the one to decide, and in many cases, it will order the parties to comply.”
“The state encourages the use of voluntary modes of settling disputes, including mediation. Arbitration is allowed not in all instances but only in cases where an industry is indispensable to the national interest, like schools,” he said.
READ: Union chief admits to worries within ranks, maps next steps after deadlock in talks with admin
On March 25, UST said it might “immediately invoke the jurisdiction of the Secretary of Labor and Employment on the ground that the University belongs to an industry indispensable to national interest.”
Union officials expect the labor chief’s intervention after conducting a strike vote — tentatively set for April 24 — or if the NCMB fails to resolve the dispute within 30 days.
A key implication of the Secretary of Labor assuming jurisdiction is that any strike or lockout will be prohibited.
The existing faculty CBA for 2016 to 2021 does not include a no-strike clause, meaning UST faculty members may hold a strike if they comply with the procedural requirements.
If the Secretary of Labor assumes jurisdiction, faculty members will be required to immediately return to work. In the case of a lockout, UST will be compelled to reinstate employees under existing work conditions.
UST has repeatedly assured Thomasians that the deadlocked CBA negotiations won’t disrupt classes or office operations, vowing to exhaust “all available legal and ethical remedies” to resolve the impasse.
READ: Deadlocked talks for faculty salary, benefits deal won’t disrupt classes — UST
11 versus 2
USTFU’s latest statement said its notice of strike involved a deadlock on 11 provisions of the proposed CBA.
UST however has said the deadlock stems from only two major economic provisions: hospitalization benefits and rank upgrades and salary restructuring.
USTFU is pushing for full coverage in hospitalization benefits, while the administration has proposed increasing the benefit to P150,000 from P100,000, with an additional P300,000 for critical illness.
Management also proposed a P26-million allocation for the restructuring of teachers’ salaries and rank upgrades, sourced from teachers’ legally mandated 70% share in tuition hikes. USTFU wanted UST to shoulder this amount.
READ: EXPLAINER: Why UST faculty, admin are at odds over P26-million salary restructuring fund
The last faculty strike occurred in 1989 when UST faculty members went on strike over a deadlocked CBA, leading to the dismissal of 16 union officials. Then-Secretary Ruben Torres intervened and brokered a compromise.
Jimenez said that in labor disputes, decisions typically favor workers if their demands are deemed reasonable.
“If there is basis to grant the plea of the labor, it shall be given due course. In fact, in the interpretation of labor legislation, in case of doubt, the same should be resolved in favor of labor,” he said.
“Unless the UST management shows that the request would bring down the funding of the University, then its request can be denied.” Ella Mae A. Sison
