*Editor’s Note: The article was written before the November 20 meeting between the admin panel and the AEWU panel, only using information from the official CBA minutes from July 1 to October 16. The GUIDON reached out to the administration for more updates, but was asked to refer to the minutes of the meeting published online. As of posting, the minutes of the October 16 meeting is the latest available document regarding the negotiations.
WITH THE 2024–2029 Collective Bargaining Agreement (CBA) nearing the sixth month of negotiations, the Ateneo Employees and Workers Union (AEWU) and the Ateneo administration have yet to reach an agreement for thirteen remaining provisions, including wage increase.
As of the October 16 meeting between the AEWU and the Ateneo administration, three provisions from previous CBA negotiation meetings have already been settled, which tackle Union Recognition, Vacation Leave with Pay, and Bereavement Leave and Assistance. Moreover, the minutes indicated that seven provisions have already been agreed to be retained from the previous meetings.
Wage concerns
With the Fiscal Year (FY) 2023–2024 Financial Statement as the basis for their wage projections, AEWU President Raymond Tano said that the AEWU saw an increase of Php 178 million for employees given the 6% tuition fee hike.
He noted that this computation is in line with the Commission on Higher Education (CHED) memorandum that mandates schools to allot 70% of tuition fee increment to the salaries, allowances, and benefits of employees.
However, Tano detailed that the administration had a lower wage estimate amounting to Php 144 million. According to him, the administration’s computations were based on actual but projected financial data for FY 2024–2025.
According to CBA Admin C0-chairperson Carmela C. Oracion, EdD, the admin’s projected wage increase is based on the numbers coming from the Office of the Vice President for Finance and Treasurer (OVPFT).
During the October 2 meeting, Oracion also mentioned that they cannot provide the enrollment data, as the VPFT does not give them these figures. She added that the administration only has access to the Tuition Incremental Proceeds (TIP).
In the context of the Higher Education cluster, the TIP is the amount obtained from the tuition increases approved by CHED. As mandated by the law, 70% of the overall TIP goes to the salaries and benefits of the Ateneo’s employees.
However, the University administration has the right to determine how the 70% will be used for its employees.
Subsequently, Tano insisted that the administration explain how the TIP was computed, or there will be no clear basis for discussing the remaining economic provisions.
Oracion responded by emphasizing her role as admin panel, alongside CBA Admin Co-chairperson Fr. Raymund Benedict Hizon, SJ. She reiterated that the given amount is the only figure that can be provided—emphasizing their reliance on VPFT’s computation of the TIP as they are not auditors.
Following this, Tano asserted that the negotiations may result in a deadlock, should the administration fail to provide the data. He also added that the Union will defer all the provisions if the administration does not provide the basis for the TIP.
Non-economic provisions
Apart from employee wages, Tano mentioned that the AEWU also proposed a 15-day emergency leave, considering leaves during inclement weather. However, to expedite the CBA’s progress, the Union accepted the administration’s counterproposal to stick with the current 12-day leave.
During the October 2 meeting, the AEWU and the administration also discussed the Term and Effectivity of the 2024–2029 CBA, where the Union initially proposed for all economic provisions to be enforced on the date of ratification. However, Oracion pointed out that AEWU’s initial proposal lacked a provision on retroactivity.
As such, the Union proposed automatic retroactivity after being allowed to reconsider their proposal. This entails that all new provisions already agreed upon will be effective even if the 2024–2029 CBA is ratified after December.
According to Tano, this proposal is in line with the Labor Code, wherein any provisions agreed upon within the six months of negotiations will apply retroactively unless a retroactive period is decided by both parties.
“Ang proposal namin [ng automatic retroactivity] is kung hanggang kailan [man] tayo magkasundo [sa mga provisions] at ma-ratify ang negotiation, for example umabot [ng] one year, yung one year na yun i-retroact din,” he expounded.
(Our proposal of automatic retroactivity entails that for however long it takes to agree and ratify the negotiation, for example, one year, that year will be retroacted.)
However, at the October 16 meeting, the administration countered the AEWU’s proposed automatic retroactivity, stating that all economic and non-economic provisions of the CBA will be in effect from the date of ratification until September 30, 2027.
After receiving a copy of the counterproposal from the administration, the AEWU stated that they will discuss the admin’s proposed terms for Term and Effectivity among themselves.
Aspiring for agreeance
As the CBA negotiations continue, Tano hopes that both parties cooperate to reach an agreement.
Meanwhile, Oracion and Hizon SJ expressed satisfaction with how the negotiations have progressed so far. “We are happy with the progress of the CBA negotiations and are hopeful that we will arrive at an agreement with the Union soon,” Oracion said.
With negotiations projected to end this December, the administration and AEWU will continue to negotiate every Wednesday in hopes of reaching an agreement on the remaining provisions.
As of October 16, the AEWU and the administration have yet to settle provisions on Union Leave with Pay and Wages. Moreover, provisions on Union Recognition, Signing Bonus, Rice Allowance, Dependents’ Allowance, Family Subsidy, Union Educational Benefits, Grievance Machinery, and Term and Effectivity have all been deferred once and have not been agreed upon.
In leading the AEWU’s stance, Tano noted that he hopes for a civil resolution with the administration regarding their plights. He emphasized that the AEWU and the admin should be working together for the sake of all the Ateneo employees. “Ang Unyon at ang admin, dapat ‘yan nagtutulungan para sa ikabubuti at kapakanan ng manggagawa ng Ateneo,” Tano remarked.
As the negotiations carry on, Oracion and Hizon urged all individuals concerned to refer to the published minutes of the meeting between the two parties. “We encourage the [Ateneo] community to remain objective and fact-based, and to continue to pray for a successful conclusion of the CBA negotiations,” Oracion said.
If a provision is deferred three times, the ground rules state that negotiations will be declared deadlocked. However, the ground rules also mention that both parties affirmed their commitment to settling their differences to refrain from such outcomes.