XUNTELU- ALU TUCP is a legitimate labor organization, a recognized union and the sole bargaining unit for the non-teaching employees of Xavier University – Ateneo de Cagayan.
WE are in partnership with XU in 1) promoting employees respective rights, 2) improve economic relations, 3) establishing basic understanding relative to rates of pay, wages, hours of work, 4) providing means for prompt adjustment or disposition of all disputes and grievances, 5) advancing the welfare and interest of XU and its employees, 6) and fostering increased cooperation between XU and the union – IN A BINDING AGREEMENT THROUGH THE CBA.
CASH GIFTS : Members of the Xavier University Non-teaching Employees Labor Union (XUTELU) have been staging nightly rallies at Magsaysay Park, Plaza Divisioria since Nov. 23. The union is asking the university to push through with its plan to discontinue the cash gift that they have been receiving in the past years. (Mindanao Daily Photo by Mark Doña Francisco)
WE, declare that our CBA is a sacred covenant between Xavier University and the Union, and the CBA IS NOT A UNION, IT IS AN AGREEMENT, signed by both parties.
While our HR Director stressed in a letter dated October 15, 2012, when she wrote that “Let us respect it by implementing the provisions to the letter”, there has been flagrant violations done by management on our CBA provisions and the Labor Code specifically on Unfair Labor Practice. The Union has been very patient in dealing the matters through our Labor Management Council and the Grievance Machinery.
While we acknowledge that Xavier University has been taking good care of its people, it cannot be denied, that there are labor problems within the confines of the university.
The Non-giving of the Christmas Gratuity issue is just but a by-product of a number of unfair labor practices that the management has done to the union, to include Union Busting.
But this was the last straw for the union.
Still, WE, in good faith, tried to reach out to our good University President, so we can air out our sentiments regarding the issue, but it fell on deaf ears. The desire to set an appointment with the good President, was an act in good faith, a form of a grievance.
It should also be noted, that as a labor-management protocol, there should be a President-to-President consultation on management-labor related matters. None so far have been done.
Yet, in good faith, WE asked legal assistance, that we be enlightened as to whether our rights has been violated. And, YES, there is a clear violation of our CBA 2015-2020 Provisions and the Labor Code, and YES, the non-giving of a long time benefit (i.e. Christmas Cash Gift) is a diminution of a benefit and is a strikable issue.
Collective Bargaining Agreement
ARTICLE V: MANAGEMENT OBSERVANCE CLAUSE
Section 1. The Management of the University and the direction of its working forces, including the right to plan, direct, and control university operations, and to hire, promote, retire or discipline any of its employees pursuant to law is the sole prerogative of XAVIER. However, in the exercise of the prerogative, no employee covered in this Agreement shall be discriminated against.
Section 2. XAVIER agrees that while it has the prerogative, its employees also have the rights that must be respected. In view thereof, XAVIER shall confer with the UNION, through the LMC, in the formulation of all university policies and making decisions that may affect the rights, interests, benefits and welfare of the employees covered in this Agreement.
Section 3. XAVIER and the UNION recognize their shared responsibilities in the total operations of the University. In view thereof, they agree to sincerely strive to deal with each other in harmonious cooperation, to maintain an attitude of cordiality and good will in their negotiations, to mutually respect each other’s rights and responsibilities, to maintain efficient operations and to mutually benefit from the fruits of their labor in the recognition that employees are not mere inputs but partners in the same endeavor.
And while –
ARTICLE XIII. RETENTION OF PRIOR AND PRESENT BENEFITS AND OTHER PRIVILEGES AND LABOR/MANAGEMENT COOPERATIVE SCHEME
Section 1. All previous and present benefits and privileges officially granted by XAVIER are hereby retained unless modified or otherwise stipulated in this Agreement
Section 2. XAVIER and the UNION shall from time to time formulate schemes for increasing efficiency and productivity, sharing the benefits resulting therefrom, employees’ education, recreation activities and job enrichment. To this end, XAVIER and the UNION shall confer regularly every quarter or anytime at the request of one to the other to formulate such schemes. Any scheme agreed upon by both parties shall be executed in writing and signed by the parties.
Our Christmas Cash Gift is already a permanent Benefit, hence, clearly covered under this Article.
Labor Code
ARTICLE 248. UNFAIR LABOR PRACTICES OF EMPLOYERS – It shall be unlawful for an employer to commit any of the following unfair labor practice:
Section i. To violate a collective bargaining agreement.
While the Christmas Cash Gift is considered a gratuity but it has been voluntarily practiced by the university for over 20 years and therefore has already ripened into a privilege or a permanent benefit, that can not be just be withdrawn or stopped otherwise it would be a diminution of benefit.
This is reiterated in the law on labor standards Section 7., On the basis of equitable considerations, long practice, agreement (e.g. CBA), and other peculiar circumstances, cash gift/bonus may become demandable and enforceable.
“There are however instances when a bonus, even though clearly an act of generosity on the part of the employer, may become demandable. In instances where the granting of a bonus have already become a long-standing practice or policy, the employer can no longer withdraw and to do so is tantamount to a diminution of benefits. This is prohibited under the Labor Code.
WE believe that Xavier University is not losing.
In their Satement of Financial Position, the following are the total comprehensive income in the following school years: 2013 = 239M, 2014 = 74M, 2015 = 21.9M, with retained earnings in 2015 of 4.1B.
Yes, WE understand that the mentioned income are that of Xavier University, it cannot be denied, that WE, the Non-Teaching Employees are part of its HUMAN CAPITAL. To quote a co-employee: “We have been hearing this from your community, Generosity withhold, is no generosity at all. Where is it now?”
When the union was negotiating for our new CBA in February of this year, management was willing to give us a new CBA, everything monitized, worth 33M. However, union still opted to retain the present CBA, monetized at 13M, for the best interest of the union.
Therefore, Xavier University has savings. And, to declare it depleted is something that can not be accepted. XU must be transparent about it.
The Gratuity thing is not the issue here anymore. It is the deliberate and intentional act committed of not giving it.
If and when and assuming but not admitting that XU is losing, then there is a big problem with financial management. A mis-management that people in key positions cannot accept its mistake. A mistake, under the command responsibility of the University President.
At present, both union and management are on its number of conciliation hearings at the National Commission Mediation Board -X. And, with NCMB interventions, from a zero gratuity, it went up to P1k, and recently has gone up to P1,800. With management agreeing to give, has made them realized that not giving a Christmas Cash Gift is Unfair Labor Practice.
Yes, XU has been taking care of its people and WE are not disclaiming what XU has given us with regards to the grant-in-aid and other benefits. The increase in average pay of last year for non-teaching employees, was due to the Longevity which was pegged in our Ranking System although done and implemented by management without consultation and approval of the union. As to the 91 Paid Days Off, it is stipulated in our CBA.
WE understand that our university, and with the rest of the Ateneos, and the public and private universities are burdened by the K-12 transition. However, We also believe, that if there is a will, there is a way.
RA 6728 on TFI says, that if there is Tuition Fee Increase, there should also be an increase in benefits, and it should be equitable, and benefits through TFI is not given fairly and steadily. While it is true that XU is giving tuition subsidy to our children, it is coming from part of the 78% TFI increase mandated by CHED, and not coming solely from XU funds. And, to correct a misinformation, XU is not giving this benefit to all of its employees, because there are non-regular employees, and contractual faculty who cannot avail of it.
To unilaterally dis-continue, eliminate, reduce, diminish a benefit that has been long enjoyed by the employees is absolutely a Diminution of Benefit in violation of Art. 100 of the Labor Code.
Lastly, our loyalty and love for Xavier University is unquestionable. WE ARE A GOOD UNION. We always look forward to a good labor management relations.
And with the voice of 148 union members who voted YES during the strike balloting (in attendance was 151 while the total union members is 186), is the only way that management will hear the cries of its people, then so be it. We are just exercising our rights as workers. As to the Actual Strike in question, it will only be conducted if conciliation fails at NCMB. However, it will be in accordance with law. If management will question our planned strike, Legal Counsels of the Union are ready to defend our ground for the strike. And, there can never be an Illegal Strike because We, the union will always comply with the conditions and requirements of staging a strike.
XU cannot move forward, if the employees has lack or has lost its trust with the management. Employees are already hurt. Father President, please hear our sentiments and not through your representatives.
Veritas Liberabit Vos!