The document discusses labor-management relationships in Catholic schools. It outlines Catholic social teaching on labor from papal encyclicals that emphasize the dignity of work and workers' rights. It also summarizes key principles from Church documents on ensuring lay employees receive adequate salaries and participate in school responsibilities. The document then covers Philippine labor laws and regulations governing terms of employment for school personnel and dispute resolution processes based on shared responsibility and voluntary arbitration.

1. Labor-Management
Relationship in
Catholic Schools
MAPSA-HRMD
GENERAL ASSEMBLY
Presented by: Arnel B. Galgo
Paco Catholic School
August 15, 2006
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2. CATHOLIC SOCIAL TEACHING on LABOR
POPE LEO XIII’S RERUM NOVARUM, 1891:
“…the Church…can eminently bring together and
unite the rich and the poor by recalling the two classes
of society to their mutual duties, and in particular to
those duties which derive from justice.” (RN#29)
POPE JOHN PAUL II’S LABOREM EXERCENS, 1981:
“…the Church considers it her task always to call
attention to the dignity and rights of those who work,
to condemn situations in which that dignity and those
rights are violated, and to help to guide the
abovementioned changes so as to ensure authentic
progress by man and society.” (LE#1)
“…the primary basis of the value of work is man himself…” (LE#6)
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3. “LAY CATHOLICS IN SCHOOLS: WITNESSES TO FAITH”
THE SACRED CONGREGATION FOR CATHOLIC EDUCATION, 1982
“If the directors of the school and the lay people who work in the school
are to live according to the same ideals, two things are essential. First, lay
people must receive an adequate salary, guaranteed by a well
defined contract, for the work they do in the school: a salary that
will permit them to live in dignity, without excessive work or a need
for additional employment that will interfere with the duties of an
educator.... Secondly, laity should participate authentically in the
responsibility for the school; this assumes that they have the ability
that is needed in all areas, and are sincerely committed to the
educational objectives which characterize a Catholic school. And the
school should use every means possible to encourage this kind of
commitment; without it, the objectives of the school can never be fully
realized. It must never be forgotten that the school itself is always in the
process of being created, due to the labour brought to fruition by all those
who have a role to play in it, and most especially by those who are
teacher…” #78
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4. For the Employers:
• “lay people must receive an adequate salary…”
• “guaranteed by a well defined contract…”
• “a salary that will permit them to live in dignity,
without excessive work or a need for additional
employment that will interfere with the duties of
an educator…”
For the Employees:
• “laity should participate authentically in the
responsibility for the school…”
• “this assumes that they have the ability that is
needed in all areas, and…”
• “…are sincerely committed to the educational
objectives which characterize a Catholic school…”
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5. PROTECTION TO LABOR
According to the Labor Code of the
Philippines (PD No. 442):
“The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of
sex, race or creed and regulate relations between workers and
employers. The State shall assure the rights of workers of self-
organizations, collective bargaining, security of tenure and just
and humane conditions of work.” (Chapter 1, Art. 3)
According to the Manual of Regulations
for Private Schools:
“Every private school shall promote the improvement of economic,
social and professional status of all its personnel…” (Article XVII,
Sec. 9)
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6. Basic Rights of Labor
1. Right to Just and Living Wage (Book III. Title II. Wages
Chapter II-V. Articles 102-129/MRPS Art. XVII, Sec 90)
2. Right to Normal Hours of Work (Book III, Title 1, Chapter
1, Articles 82-90/ MRPS Art. IX, Sec. 45-46)
3. Right to Rest (Book III, Title 1, Chapter 2, Articles 91-92)
4. Right to Security of Tenure (Book VI, Title 1, Art. 279/
MRPS Art. XVII, Section 91-94)
5. Right to Self Organization (Book V, Title IV, Chapter 1-5)
6. Right to Collective Bargaining (Book V, Title VII)
7. Right to Strike (Book V, Title VIII, Chapter 1, Art. 263-266)
8. Right to Health and Safety (Book IV)
9. Right to Social Security and Welfare (Book IV)
10. Rights of Women and Children (Book III, Title III,
Chapters I-2)
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7. Definitions (Labor Code, Art. 212):
Employer – includes any person acting in the
interest of an employer, directly or indirectly. The
term shall not include any labor organization or
any of it officers/ agents except when acting as
an employer
Employee – includes any person in the
employment of the employer. The term shall
not be limited to the employees of a particular
employer unless the Labor Code explicitly states.
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8. Management Rights
 Theories and Sources of Management Rights
1. Property Rights
2. Reserved Rights Theory
3. Implied Obligations Theory
 Limits of Management Prerogatives
1. Subject to legal limits, CBA, principle of fair play and justice
2. In keeping with good faith, not for defeating rights of
employees
3. Absence abuse of discretion, arbitrariness or maliciousness
4. Employment as a property right; subject to state regulations
5. Management must inform employees of decisions and
modes of action
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9. Management Rights According to
the Labor Code & Jurisprudence
Management Rights Recognized (Art. 282-284):
1. The right to establish or close operations
2. The right to recruit and select
3. The right to transfer and promote
4. The right to schedule work, set levels of production
5. The right to fire and terminate employment
Control Test (Jimenez vs NLRC, GR 116960, April 2, 1996)
1) The selection and the engagement of the employee
2) The payment of wages
3) The power of dismissal
4) The power to control the employee’s conduct
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10. Private School Personnel
*School Personnel
School Head
Academic Non-Academic
Other School Officials Personnel Personnel
(Incl. Teachers occupying
Supervisory Positions)
*As defined in MRPS, Gen. Provisions, Sec.4.m.
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11. Laws Governing Terms and Conditions
Of Employment of School Personnel
Labor Code
of the
Philippines
Manual of
Non-Academic
Personnel
Regulation
For Private
Schools
School Personnel Academic
Personnel
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12. DEFINITIONS
Grievance is “any question by either the employer or
the union regarding the interpretation or application
of the collective bargaining agreement or company
personnel policies or any claim by either party that
the other party is in violation of any provision of the
CBA or company personnel policies”.
Personnel Policies are guiding principles stated in broad,
long-range terms that express the philosophy or beliefs of
an organization’s top authority regarding personnel matter.
Matters affecting efficiency and well-being of employees…
procedures in administration of wages, benefits,
promotions, transfers and other personnel movements…The
usual source of grievance, however, is the rules and
regulations governing disciplinary actions.
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13. Violations of Usual Norms of Personnel
Conduct or Behavior of Employees
AGAINST
PERSON
AGAINST
MORALITY
PROPERTY
ORDERLINESS/ CONFLICT OF
GOOD CONDUCT GRIEVANCE INTEREST
ATTENDANCE NON-PERFORMANCE
AND
PUNCTUALITY
HONESTY/
INTEGRITY
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14. Settlement of Labor-Management Conflicts/Disputes
1987 Constitution: Sec. 3., Article XIII
“The State shall promote the principle of shared responsibility
between workers and employees and the preferential use of voluntary
modes in settling disputes, including conciliation, and shall enforce
their mutual compliance therewith to foster industrial peace.”
LCP: Book V, Title I, Art. 211 (A); Title VII-A, Art. 260
MRPS: Article XVII, Section 97
“Grievance Machinery. Every private school
shall provide for amicable internal procedures or
remedies, including provisions for voluntary
arbitration, as a preferable measure in the
settlement of any issue, dispute or grievance
arising from employment relations.”
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15. Promoting Harmonious Relation
Between Capital and Labor
Labor
Laws/
Workers’ CRR/ Management
Right CBA Prerogatives
GOSPEL
CST
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16. CHURCH-GOVERNMENT PARTNERSHIP
1998 (September)
RCAM-AMLC DOLE-NCMB
2006 (March)
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17. The AMLC – NCMB MOA
“AMLC…to lend its assistance to NCMB-DOLE…providing
voluntary conciliators and mediators to help employers and
workers in Catholic parochial schools, parishes and other Catholic
institutions within the Archdiocese of Manila and the suffragan
dioceses and their workers in any labor disputes…”
Some Important Sections of the MOA:
Sec. 1. AMLC to maintain a pool of voluntary conciliators
Sec. 2. AMLC pool of voluntary conciliators to provide conciliation
and mediation services to unions and management and/or
workers and managements if requested
Sec. 3. Accreditation and training of volunteers
Sec. 4. Cases when filed to NCMB-DOLE, they will seek assistance
or refer the case to AMLC for mediation and conciliation
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18. Conciliation-Mediation (CM)
Definition: A voluntary process where trained neutral third
party, facilitates the negotiation between parties, using learned
techniques, as a means of helping them reach a mutually
satisfying outcome.
Participants: The Parties involved
The Conciliator-Mediator
The Lawyers (only if desired and agreed by the parties)
Difference from Arbitration: In CM, parties decide on how to
resolve the problem for a win-win solution; In Arbitration, the
parties surrender to the labor arbiter the sole right to make a
decision, thus, there will always be winner and loser.
What if it does not work? CM is purely a voluntary process
where any of the parties, including the conciliator-mediator can
terminate the proceedings at any time when it does not seem to
be working, and proceed to compulsory arbitration.
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19. Benefits of Conciliation-Mediation
1. CONVENIENT. Re-settings are arranged to meet the schedule
of the persons involved or by agreement of the parties.
2. PRIVATE. All procedures are confidential.
3. VOLUNTARY. Parties may undergo the process if they choose
to do so.
4. RELATIONSHIP-BUILDING. As said earlier, conflict resolved
through cooperation results in better feelings thus safer,
stronger community.
5. AFFIRMING. Individuals gain self-esteem, mutual respect,
and new skills for dealing with the future conflicts.
6. COST-EFFECTIVE. Effectively resolving disputes generally
reduces both the emotional and financial cost.
7. TIME-SAVING. Usually results in much quicker resolution of
problems than when taken in court.
8. WIN-WIN. Better than win/lose of court action.
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20. Challenges to MAPSA-HRD
• Knowledge and Appreciation of the Bible, Catechism, and the
Catholic Social Teaching as source of Christian Principles,
Standards and Guidelines for Conflict Management & Resolution
• Training on Labor Relations including Conflict Management Skills
• Creation or Maximization of HR Mechanisms and Structures on
Conflict Management & Resolutions (e.g. Grievance Machinery,
LMCs, dialogues and consultations, etc.)
• Knowledge and Adherence to the Labor Code of the Philippines, the
Manual of Regulations for Private Schools, MAPSA Employees’
Manual and other references of code and standards
• Establishing of regular Orientation on Institutional Policies and
Regulations; Venues of Dialogues and Consultations; Standards of
Accountability and Transparency
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21. Going Back to the Basic…
“You are the people of God…you must clothe yourself with
compassion, kindness, humility, gentleness and patience. Be
tolerant with one another whenever any of you has a complaint
against someone else.” - Col.3:12-13
“If your brother sins against you, go to him and show him his
fault. But do it privately, just between yourselves, if he listens
to you, you have won your brother back. But if he will not listen
to you, take one or two others with you, so that ‘every
accusation may be by the testimony of two or more witnesses’,
as the scriptures says. And if he will not listen to them, then tell
the whole thing to the church. Finally, if he will not listen to the
church, treat him as though he were a pagan or a tax collector.”
- Matthew 18:15-17
“If you have love for one another, then everyone will know that
you are my disciples.” - John 13:35
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22. MARAMING
SALAMAT PO!
Arnel B. Galgo
MAPSA-JPIC
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