A strike usually occurs at crucial stages of a labor-employer interaction or lack thereof. Because of that, it is important to have a prior notice of 30 or 15 days, depending on the gravity of the reason for the strike. Now that faculty members of two (or three) private universities in Manila have successively filed notices of strike to defend increases in salaries and benefits, this question arises: Do they have a constitutional basis to do that?
Yes, under Article XIII, Section 3 of the 1987 Constitution, part of which provides: “It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.”
Teachers at the Lyceum of the Philippines University (LPU) Manila formally filed a strike plan on March 26 because their seven-month negotiations regarding the collective bargaining agreement (CBA) failed to reach an agreement. This was done in protest of the forced retirement policy, which Lyceum has been implementing since 1978, requiring faculty and staff to retire after 20 years of service to the university. This is further compounded by the 30–35% tax deducted from take-home pay if LPU employees retire before they turn 50. Its union president said that apart from teaching, they also do community extension services and research for them to get awards. But the admin deems them as disposable, according to the association leader, who added that the policy would force five employees to retire this year.
Teachers also battle for a fair salary increase based on the tuition fee increase. Working for 15 years at Lyceum, union president Jovy Cuadra has not received a salary increase from the tuition fee increase. He said that it is only given when a new CBA is formed, just like in 2021, where the faculty won a P100 per hour salary increase.
According to Republic Act (RA) No. 6728, otherwise known as the Government Assistance to Students and Teachers in Private Education Act, private universities can only increase tuition fees if 70% of it goes to teachers and staff.
Due to Lyceum’s refusal to meet the teachers’ demands, 60% of the faculty association had to borrow money just to cover their daily expenses.
The union leader and the rest of the employees said that they almost always express their love to LPU; it’s just that there are times that they need to speak out. Since they are not asking too much, Cuadra said the admin needs to listen to them.
Like the Lyceum faculty, the University of Santo Tomas (UST) Faculty Union also filed a notice of strike on March 25, after reaching a deadlock in their CBA negotiations. Despite the annual tuition increase, no salary increase has been implemented for most teachers since 2021, according to Emerito Gonzales, the union president.
The distribution of more than P220 million in tuition hike shares for teachers and staff from 2020 to 2023 has been delayed. According to UST, it will only be distributed once the CBA is signed. Gonzales thought it is like dangling a carrot in front of the rabbit, which can be likened to a new bargaining chip. The admin recently promised to increase some benefits for teachers, such as a P2,000 increase in the allowance of NSTP facilitators and a decrease in emergency loan interest from 6% to 4%.
But no agreement has been reached on the other seven provisions of the CBA. The union primarily fights is for 100% hospitalization coverage at UST Hospital as provided to its employees. Since 1998, the coverage has remained at P100,000 per year.
Currently, the dialogue involving Lyceum and UST teachers and their respective admins continues with the National Conciliation and Mediation Board, the office of the Department of Labor and Employment that mediates labor disputes such as CBA disagreements.
Although the unions hope their grievances will be heard, they may call off their strikes in May if no agreement is reached. And Gonzalez said that that they are not greedy, not asking the moon.
The teachers in two (or three) universities have been prepared to go on strike over alleged unfair labor practices (ULPs).
It is a tragedy when the admin and employees do not get along. But it would be an even bigger tragedy if the teachers do not get along either. Fortunately, the two universities have their faculty unions.
Fortifying unionism, advocating constant improvements
Industrial relations encourage unionism. A union is a legitimate force catering to workers. It provides a collective voice for them to negotiate with management and advocate for humane working conditions.
More importantly, the union (or unions with their federation) advocates constant improvements in employment terms and conditions. In an academic setting, an impartial and democratic workplace is the union’s burning desire. Recall that all educational institutions shall, upon teaching constitution, “inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.”
That constitutional provision gives us the idea that unionism, with all the approaches in pluralistic industrial relations, has to be supported by faculty members first and, immediately thereafter, by the non-union member administrators.
