E. Collective Bargaining

DEADLOCK BAR RULE

Deadlock arises when there is an impasse, which presupposes reasonable effort at good faith bargaining which, despite noble intentions, did not conclude in an agreement between the parties.

Determination of Good Faith: Question of Fact

Good faith or bad faith is an inference to be drawn from the facts. There is no per se test of good faith in bargaining. The test of good-faith bargaining is not the effect of an employer’s or a union's actions individually but rather it is the impact of all such occasions or actions, considered as a whole, and the inferences fairly drawn therefrom. (The Hong Kong and Shanghai Banking Corporation Employees Union v. NLRC, G.R. 125038, 1997).

An employer’s steadfast insistence to exclude a particular substantive provision from the union’s proposal is no different from a bargaining representatives perseverance to include one that they deem of absolute necessity. (Union of Filipro Employees v. Nestle-Philippines, G.R. Nos. 158930-31, 2008)

NEGOTIATION BAR RULE

Negotiation bar rule exists when a union has already commenced and sustained collective bargaining negotiations in good faith within the 1- year period, but there is no CBA yet.