Question

Scenario 1:

The management of XYZ Manufacturing Corporation and the union representing its employees have reached a deadlock in their collective bargaining negotiations. Both parties have attempted to settle their disputes through conciliation but have been unsuccessful. As the labor relations officer, what are the legal steps and procedures that the parties should follow to resolve the impasse? Discuss the relevant provisions of the Labor Code, particularly Art. 261, governing the procedure in bargaining.

Scenario 2:

The union of ABC Retail Company has filed a petition for certification election with the Department of Labor and Employment (DOLE) to determine whether the union will be the exclusive bargaining representative of the employees. The management opposes the petition, citing that some employees are not qualified to be part of the bargaining unit. As a DOLE officer, what factors will you consider in determining the appropriateness of the bargaining unit? Explain the requirements under Art. 256 of the Labor Code and relevant jurisprudence that govern the certification election process.

Scenario 3:

Goodluck Construction Corporation has been engaged in collective bargaining negotiations with the workers' union for several months. Both parties have agreed on the majority of the provisions in the collective bargaining agreement (CBA) except for the issue of wage increase. The union is demanding a 10% increase, while the management insists on a 5% increase due to financial constraints. As the labor conciliator, discuss the options available to resolve the wage dispute and the legal requirements under Art. 260 of the Labor Code that govern the settlement of disputes through conciliation.