PROPOSED COLLECTIVE BARGAINING 
Dear colleagues, dear friends, we received a proposal from the university. As seen later that does not contribute at all, to meet and dialogue, for all improvement alternatives, it responded with a NO. What's more, on the contrary, the proposal removes those benefits, achieved after many years of work and service to the university, all faculty and staff, with less than 22.5 hours of time.
We certainly do not deserve this, I try, for the achievements of the Universidad del Mar, not only institutional accreditation, but the seal to be service to students, is the product of effort and commitment, individual and collective workers . As we grapple daily with the limitations of implementation, participation, training policies and civil service career.
We look at what the current authorities propose to us, and if by reason of change in the controlling group of the Corporation, required the intervention of one of the new Board members, the group Southers Cross.
We will sit down with them. We
open dialogue that will strengthen our university.
Directive. La Serena, April 14, 2011 Gentlemen
Leaders
WORKERS UNION OF THE UNIVERSITY OF THE SEA, SEE LA SERENA. THIS
According to the provisions of Book IV, Title II, Chapter I of the Labour Code, proceed to respond to the draft collective agreement, submitted by you dated March 31, 2011.
To proceed to answer their collective contract proposal, we considered it necessary to include the following topics:
I. - Background and general considerations.
II .- Answer point to point to the proposed collective agreement presented by the union leadership.
III .- Proposed Collective Bargaining Agreement, proposed by our university.
IV .- List of the members of the negotiating committee of the University.
a. Mr. Rodrigo Díaz Ramírez
Rector b. Headquarters Mr. Joseph Bacal Teitelboim Vice Chancellor for Administration and Finance
c. Mr. Boris Ramírez Department Head Neck d. Human Resources
Sr. Jorge Fonseca Dittus and / or Mr. Pedro Guerrero Serantoni Counsel
Hoping you can recognize the reality of our university and especially, the headquarters of La Serena, Yours sincerely,
RAMIREZ RODRIGO DIAZ
RECTOR
I. Background and general considerations
In our consideration:
hereby, in accordance with the provisions of Article 329 of the Labour Code, we come to respond to the Draft Collective Agreement presented by you, dated March 31, 2011.
First, I make them aware that even if your project was submitted after the deadline laid down in Article 322 of the Labour Code, not object to such a situation in response to the spirit of cooperation and understanding which we believe is necessary to maintain.
clarify this, we must express our concern in the light of what you propose, and we assumed they were aware of the difficult financial conditions faced by the University of the Sea in general and the headquarters of La Serena in particular. Notwithstanding the above, presented a project that involves an increase of 375% of total of the return of workers to whom it affects. This higher cost is unrelated to the country's growth or less with our reality.
Indeed, as outlined in detail in the meetings will argue, the reality is that currently both the University of the Sea as the headquarters of La Serena, have consistently had a negative operating cash flow, at least from 2008 to date , which is something that has been evident in the many times we've had trouble coping with the payment of obligations to suppliers
It should be stated that although the institutional balances yield profits, a deeper analysis of the information that reveals deliver critical financial situation, which is explained in large part due to collection problems, resulting, among others that exceed our operating costs in excess of our actual income received.
Although we tried various alternative solutions, the fact is that we could reverse the situation, so we are open to discuss options for partnerships with others by giving our pet project sustainability education. As reported in due course, to this date the partnership has not materialized, and their implementation is subject inter alia to the future viability of the university.
Notwithstanding the foregoing, and which is counterintuitive reorganization is necessary, you propose an increase in all wages and benefits expressed in money that traditionally have been given, as well as a set of benefits not currently exist, which is totally out of the national reality and, of course, the possibilities of the university.
Given the situation being experienced by the University, must be responsible in taking on new commitments for future costs, so we are forced to commit to no benefits even when all we would like, it is not possible at this time. It is also necessary to bear in mind that merely to maintain all current benefits, means a major effort, in response to current operating deficit.
From the above it follows that we must continue with the efforts we have been doing to keep our University among the leading private higher education institutions in the country with their careers of Education and the School of Medicine Accredited Accredited serving institutional and more than 20,000 students of varied socio-economic levels throughout the country and thus achieve a growth that allows us to make viable the future of this university, keeping our sources of employment and enable the professional development of our employees.
hope that the talks from this now be initiated, developed within the traditional atmosphere of honesty in our relationships and within realistic about the possibilities of the university.
Finally, we inform you that according to the provisions of Article 326 of the Labour Code, the attorneys for the university to the collective bargaining process will be Messrs. Rodrigo Díaz Ramírez, Jose Bacal Teitelboim and Neck Boris Ramírez also of legal counsel who may act jointly or separately and as advisers to Mr. Jorge Fonseca Dittus and / or Pedro Guerrero Serantoni
Attached you the following documents:
• Headquarters balances for the years 2008 and 2009.
• Cash Flows for the years 2008, 2009 and 2010.
• Cost of labor global headquarters in January to March 2011.
• Finally, it is stated that with regard to relevant information that affects future investment policy of the company, it is not delivered to be considered confidential.
II .- RESPONSE TO DRAFT COLLECTIVE AGREEMENT
ONE: SCOPE.
On this point I do mind that the collective bargaining agreement governed the parties hereto, this is the University, on the one hand and, on the other individual workers on the payroll which is part of it. According to the above, we propose the clause for the parties on our draft collective agreement that is attached.
TWO: EFFECTIVE.
At this point, the University does not agree, and more in line with economic reality and financial maintain the same duration as the collective agreement currently in force, ie three years.
THREE: GENERAL.
University disagrees on this point as it should be limited to basic salary, on the one hand, in response to current financial conditions of the University, and also because no is permissible to consider the claim for adjustment only positive changes in the CPI, which would in reality a real adjustment that the University is not able to bestow.
FOUR: UPDATE AND ENHANCEMENT OF BASE SALARY.
University disagrees at this point in the terms and scope in which it stands, should be limited to basic salary.
FIVE: THE BASE SALARY.
can not grant this request served the economic and financial reality and particularly the University headquarters in La Serena.
SIXTH: ANNUAL SPECIAL BONUS.
University is not in a position to grant this request, in response to economic and financial reality and particularly the University headquarters in La Serena.
As already stated before, it is possible to increase existing costs, so it is rejected.
SEVEN. ALLOCATION OF SWEETS OR FOOD.
maintain the benefit is reached on the terms and amounts currently in effect, so your application is rejected.
EIGHTH ASSIGNMENT OF MOBILIZATION.
The University agrees to maintain the benefit, but in the amounts set forth in the attached draft collective agreement, in response to your request beyond the scope of the University, given current economic conditions thereof.
NINTH: AGUINALDO national holiday and Christmas.
The University agrees to maintain the benefit, but in the amounts set forth in the attached draft collective agreement, in response to your request is beyond the scope of the University, given current economic conditions thereof.
TENTH: ANNUAL HOLIDAY.
The University agrees to maintain the profit in the same terms currently in effect, not being able to increase them in the manner requested.
ELEVEN: ADDITIONAL PERMITS.
University agrees to maintain the benefit as has been given so far. According to the above, we reject increase in permits as requested.
TWELFTH: HEALTH INSURANCE.
The University agrees to this point, but maintaining this benefit in the terms agreed in the collective agreement currently in force.
THIRTEENTH: REPLACEMENT BOND.
The University agrees to grant this benefit, but in the terms, conditions, and with the wording on our draft collective agreement.
FOURTEENTH: DAY AND ADVANCE PAYMENT.
University agrees not to incorporate this provision in the terms requested, so rejected. FIFTEENTH
: IMPLEMENTS AND WORK CLOTHES.
costume is accessed continue to provide institutional staff currently receive it, in the terms and conditions set forth in our project. According to the above, the application is rejected you plant.
SIXTEENTH: ALLOCATION OF EDUCATION AND STUDY GRANT.
Regarding the education allowance University disagrees on this point, and for the scholarships is proposed to maintain the conditions agreed in the collective agreement in force, and the terms indicated in the attached draft contract.
Seventeenth: ALLOCATION OF BIRTH.
Access to grant the benefit in terms and amounts are summarized in the attached draft contract.
As payment for the benefit of caregivers and the contribution to the garden, unfortunately, the University is not in economic and financial conditions for granting them, so it is rejected. EIGHTEENTH
: SPECIAL LOANS.
Pursuant to the background to you delivered, the University is not able to access this benefit, so it is rejected. NINETEENTH
: WELFARE SERVICE STAFF.
benefit not accepted.
TWENTY: NO PERSONAL TRAINING AND ACADEMIC IMPROVEMENT.
benefit not accepted the terms proposed, and is desired to retain the benefit established in the current collective bargaining agreement.
TWENTY FIRST: SICK PAY INSURANCE LOSS.
give the benefit is acceptable, but only under the same terms set forth in the collective agreement currently in force.
TWENTY TWO: RACE AND NON-ACADEMIC STAFF OFFICER
.
not accepted the benefit, because it is a matter beyond the scope of negotiations being collective deprivation of the powers of administration and management of the university, in accordance with the provisions of Art. 306 paragraph two of the Labour Code.
TWENTY-THREE: ALLOCATION BY POST-POST TITLE AND GRADE.
benefit not accepted.
TWENTY FOUR: ACADEMIC LOAD.
benefit not accepted, because it is a matter beyond the scope of collective bargaining to be exclusive to the powers of administration and management of the university, in accordance with the provisions of Art. 306 paragraph two of the Labour Code.
TWENTY FIVE: COMPENSATION FULL EVENT.
not agree to grant this benefit.
TWENTY SIX: COMPENSATION COMPENSATORY DAY CHANGE.
not accept this benefit.
TWENTY SEVEN: BONUS FOR LOSS OF BOX.
proposed maintaining the current system, under the conditions indicated in the draft attached.
TWENTY EIGHT: SCHOOL BOND.
not agree to grant this benefit in the terms suggested, to escape the economic potential of the university, according to the information set forth in our letter.
TWENTY NINE: BONUS PARTICIPATION.
is not accepted, becoming aware that the University is a private non-profit, having considered the provisions of art. 47 paragraph one of the Labour Code. THIRTY
: HELP FOR DEATH
can be accessed under the conditions indicated in the attached draft, but only for the worker and spouse, keeping the system agreed in the collective agreement in force.
THIRTY ONE: CONTRIBUTION FOR MARRIAGE.
University is not able to provide benefits in the manner and for the amount requested, so it is rejected.
THIRTY-TWO: ANNUAL ACTIVITY.
agrees not to grant the benefit in response to your request is beyond the scope of the University, given current economic conditions thereof.
THIRTY-THREE: CONTRIBUTION OF HOLIDAYS.
agrees not to grant the benefit.
THIRTY-FOUR: THE END BONUS OF COLLECTIVE BARGAINING:
believe that no bond proceeds of this nature by the mere exercise of a right such as collective bargaining, in addition to not find economic situation for granted, so request is rejected. THIRTY
FIFTH: PERMITS AND OFFICE WORKERS UNION .-
only agrees to maintain the payment of union leave provisions of existing collective agreement, not being granted an office.
respect to compensation for years of service that is required for union leaders, rejected, not being economically viable or relevant.
REST ROOM: Unable to access.
BACKGROUND: In all that do not accept the benefits and / or amounts proposed by the union must be based on the grounds that such requests as a whole exceed the economic capacity of the university, and particularly the reality of home La Serena.
III .- COLLECTIVE AGREEMENT BETWEEN THE CORPORATION OF THE SEA COLLEGE EDUCATION AND THE UNION OF WORKERS AT THE UNIVERSITY OF THE SEA, SEE LA SERENA.
In La Serena, May 9, 2011, between the Universidad del Mar Educational Corporation, Sede La Serena RUT. No. 71602400-8, represented for these purposes by its President from headquarters, Rodrigo Díaz Ramírez, Ruth. 5997287-1 and directors of the Syndicate of Workers of the Universidad del Mar, Hector Romero Argandoña, Ruth 14371225-7, Priscilla Alvarez Alfaro, Marcela Cabrera 14475291-0 Ruth Cannon, Ruth-k 8115449 all resident for these purposes as his principal AV street. Libertad No. 579, La Serena, all appearing elderly and those who state that have agreed to the following collective bargaining agreement:
ONE: PARTY
This collective instrument of work governing the relationship and common conditions of work and benefits agreed between Headquarters La Serena Universidad del Mar, on the one hand, and on the other, workers or individual officials on the payroll at the end of this instrument, and an integral part thereof.
SECOND: THE EFFECT
This collective agreement will be three years from the date of its conclusion.
THIRD: BENEFITS
The University awarded to workers who hold at least part-time contract (22.5 ordinary hours per week), and are affected by this collective agreement, the following benefits.
1. Wage adjustments and other benefits expressed in money in this Collective Bargaining Agreement. Annual
automatically reset for the duration of this collective agreement, will be adjusted basic salaries of workers, and other benefits expressed in money, included in this collective agreement, as follows:
a) basic salaries of workers and other benefits expressed in money appearing in this collective agreement, which they would force on 31 December 2011, will be reset to count from 1 March 2012, 100% change to experience the rate of consumer price given National Institute of Statistics, registered from 1 January to 31 December 2011. Together with the wages for the month of March 2012 will be paid the equivalent of adjustment in January and February 2012.
b) The workers' base salary and other benefits expressed in money appearing in this collective agreement, which were in effect at December 31, 2012, shall be adjusted effective 1 March 2013, 100% change to experience the consumer price index determined by the National Institute of Statistics, registered from 1 January to 31 December 2012. Together with the wages for the month of March 2013 will be paid the equivalent of adjustment in January and February 2013.
c) The basic salary of workers and other benefits expressed in money appearing in this collective agreement, which were in effect at December 31, 2013, shall be adjusted as of 1 March 2014 100 % change to experience the consumer price index determined by the National Institute of Statistics, recorded between 1 January and 31 December 2013. Together with the wages of March 2014 will be equivalent to adjustment in January and February 2014.
2 .- Independence Day Aguinaldo
The University will pay to its employees, not later than 17 September each year, a national holiday allowance amount up to $ 35,500 .- liquid, requiring the worker to employment contract of at least half-time force at that date. 3 .-
Christmas bonus paid to University officials who have contracts of at least half a day, not later than December 20 of each year, an allocation Christmas up to the sum of $ 35,500 .- liquid, liquid plus the sum of $ 5,400 .- per child under 15 years of age. If both parents of the child are officials of the University, be paid to one of them, preferring the mother.
Subrogancia 4 .- Mapping and internships
The University agrees to pay civil servants an interim assignment consisting of the basic salary difference occurs between base salary replacement worker and the worker's base salary replaced.
will rise to the bonus only if the replacement period exceeding twenty working days and shall accrue only for the period of excess and if the deputy or acting official assumes all the obligations and duties of office as a deputy or acting by resolution of the Rector's Office, which is rendered within 10 days of the interim set up and subrogation.
This benefit is not lost when the deputy or temporary worker does not attend to their duties because of medical leave provided that it is due to an accident or occupational disease or union leave not exceeding six hours in the respective calendar month.
In the cases mentioned in the preceding paragraph, the allowance shall be paid in proportion to the days actually worked during the calendar month. 5 .-
Nocheros Assignment
workers who act as vigilantes nocheros, whose services are made within the period occurred between 23:00 and 07:00 hours, shall be entitled to a special allowance for night work equivalent to 10% of their respective basic monthly salary, to be paid together with the other earnings of the month.
6 .- Annual Holiday Extension
The University will schedule the use of their annual holidays preferably officials for the month of February, except for those required to provide services in the areas of administration and admission. The University awarded
the officials concerned to this collective agreement and to abide by the annual holiday schedule made by the University, three additional working days. This extension may only be applied over the 10 days not divisible according to paragraph 1 of Article 70 of the Labour Code. If advance the use of the holiday will not lose this right when the University had approved the advance.
This benefit will be for contract workers, at least half a day. This benefit shall apply to the annual holiday under the new annuities fulfilled after the date hereof.
This benefit does not apply in case of proportional holiday compensation referred to in the second paragraph of Article 73 of the Labour Code.
7 .- Collation Assignment
is the general policy of the University provide snack for their workers who have entered into a contract of at least half-time in the respective casinos implemented for this purpose, ensuring quality nutrition, health and good service, making the audits required permanently.
workers who act as vigilantes nocheros whose services are made within the period occurred between 23:00 and 07:00 hours are entitled to a refreshment or snack that should be removed from it in the places allocated for that purpose, before taking their respective turns.
Only if the casinos go into recess, the University will pay the officials indicated in sections of the first and second paragraph, a collation allocation of $ 2,000 .- for each day worked, the latter value, in this case, included in the monthly settlement and paid together with the other remuneration, advances may be granted. 8 .-
College Scholarship Scholarships to contract workers, at least half or your children, explore careers education at the University shall be governed by the regulations currently in place. In case of amendment of the regulations will be reported to the Union and acquired rights are better for the worker will be maintained, it can opt for the new regulation should be in your favor.
9 .- Allocation of Death
The university will pay the following assignments in case of death.
a) Upon the death of the worker hired by at least half-time, paid the equivalent of one month of the last salary earned by him. If the remuneration is variable, the average monthly pay of the last three months. To these effects will be considered only full months worked. This benefit is paid to the spouse of a deceased worker. In the absence of spouse, your children will pay. Notwithstanding the foregoing, the employee may designate another beneficiary life, sending a letter to the Department of University Human Resources with a copy to the Union.
b) Upon the death of the spouse of the worker or the worker shall be paid the equivalent of a legal minimum wage.
10 .- Assignment of Birth
The University will pay to its employees hired, at least half a day, an allowance equivalent birth to $ 43,200 .- for each child born during the term hereof, upon delivery of certificate of birth to the Human Resources office. If both parents are university officials, paid to only one of them, preferring the mother.
The deadline to apply for this benefit is 30 days after birth and the University will pay within 10 days of the request.
11 .- Contribution to the complementary health insurance medical and dental
For staff recruited at least half-time, the university will pay 85% of the value that is dependent for supplemental health insurance currently in force when the base salary does not exceed $ 320,000 .- per month. This contribution will be 70% for the basic salaries of $ 320,000 .- to $ 370,000 .- and 50% in the basic salaries of $ 370,000 .-
This scale will be adjusted according to system readjustment automatic annual stated in No. 1 of this clause.
The difference in annual premium increases above the CPI above, is divided among the workers in proportion to their respective contributions.
12 .- Mobilization Allocation
The University will pay to workers whose monthly basic salary is equal to or less than $ 320,000 .-, a mobilization assignment of $ 10,800 .- per month. The said sum of $ 320,000 .-, which serves as a reference, will increase, as basis of calculation or reference, according to the automatic indexation and forth in paragraph 1 of this clause.
13 .- Allocation Fund Loss
The University will pay cash, meaning such officials as may be designated as responsible for cases receiving external funds, the monthly sum of $ 21,600 .- 14 .-
Institutional Costume
The University will present the coordination of campus staff, secretaries, laboratory assistants and auxiliary minor services, technical support staff Registration and female staff and library curriculum, institutional uniforms summer before September 15 of each year and an institutional uniform winter, before 15 March each year, whose characteristics are determined by the authorities of Corporation. Will be required to use these uniforms while within the precincts of the university.
15 .- Marriage Help
The University shall provide the staff employed on at least half-time, following requests made well in advance, ie at least two months in advance of their units for celebration of the wedding reception, in coordination Rector's Office with the authority or its delegate those functions, who will respond within 20 working days.
16 .- Special Days
The working day of Holy Thursday and on September 17, 1924 December and ending on December 31 at 13:30 pm, except on (a) the security staff or similar (b) of staff whose activities are to support academic functions that can not be interrupted and (c) if he is to avoid any disruption, damage or risk to the University or the service it provides. Consequently, there is no remunerations discount because of the decline of day.
17 .- Special Permits
The University shall provide its full-time workers hired by the following special permits paid attributable to those granted by law:
a) In case of marriage of the employee, be granted three working days' leave, which must be paid within 30 days following its conclusion, no aggregation of the annual holiday.
b) In case of death of father, mother, spouse and children of the worker, he will have 7 calendar days.
c) The day of the employee's birthday which are being completed at 13:30 hours on that day, without deduction of pay for this reduced workday.
18 .- Payment of Permit
Association that the university paid for as time actually worked (either all day or part thereof) intended to permit the union leader, the union is required to report its use by e mail addressed to Manager Human Resources Office, 24 hours before your workout. The University limits its liability to pay a total of 18 hours per calendar month, together with those used in that period by all the directors union.
However, in the case of trade union training provided by the Department of Labour or their dependent units, referred to by the competent authority, the attendance and program will be informed by the authority and the union, the Rector of Headquarters, who will authorize. In this case the university will pay compensation of up to three directors each year for up to 30 hours per year each, which are devoted to such training.
19 .- Supplement to Disability Allowance
The University will pay to staff members recruited by at least half a day, the first three days of incapacity for work medical leave when the respective grant will not cover that period because the extension the license shall not exceed 10 days, under Article 14 of Decree Law No. 44 of 1978, the Ministry of Labour and Social. The payment will reach a maximum of two licenses per calendar year.
FOUR: INDUSTRIAL RELATIONS
The parties wish to adopt the following initiatives:
1) Perform a regular meeting between officials of the University of the Sea and their representative organizations as it deems appropriate, to identify and discuss various problems present in each area.
2) Contact the Mutual to the university is adhering to impart first aid training to staff.
3) Giving employees the option of auditing courses of English Afternoon gives the university, under the conditions that the University may specify.
4) The University offered the union two annual training courses for at least 10 members for each calendar year, especially in areas of technology, personal development and user support. These courses will be consistent with the roles of workers, the needs of the institution and ensuring it does not mean always affect institutional performance.
5) The University is committed to enhance the control and monitoring of service provided by dealers in casinos.
6) Install a Box "Suggestions, Compliments and Complaints" to workers, or create an electronic box on the effect. This mailbox will be reviewed at regular meetings referred to in this clause.
7) Make agreements with key suppliers of the University, mainly in the fields of information and libraries, to take advantage of wholesale prices and terms and make the payroll deduction under the law, measures that will begin to implement in the month of September 2011.
8) Provide that the possibilities for the Christmas holidays and create a joint committee between managers and workers for your organization, it involved a union member.
9) Continue to promote at all levels of the university policies of mutual respect and good working relationships.
10) Internalize the members of the university community need to participate actively in the process of continuous improvement and the implementation of evaluation systems for better organizational development within the framework of the strategic plans of the Corporation , is considered necessary to improve the management of various areas.
for the record, and in acquiescence, after reading, ratify and sign this instrument in seven copies, leaving two held by the Union, one to be forwarded to the Labour Inspectorate and the other shall be kept by the University.
UNION REPRESENTATIVES: Mr. Hector Romero
Argandoña Ms. Priscilla Alvarez Alfaro Marcela Cabrera Cannon
REPRESENTATIVES OF EMPLOYER:
Rodrigo Vicente Díaz Ramírez, Rector.
Jose Bacal Teitelboim, Vice Chancellor for Administration and Finance
Boris Ramírez Patricio Cuello, Department of Human Resources Manager
Jorge Fonseca Dittus and / or Pedro Guerrero Serantoni, Counsel.
RECEIVED BY THE UNDERSIGNED MEMBERS OF THE NEGOTIATING COMMITTEE TODAY APRIL 14, 2011 at 17:00, RESPONSE OF THE UNIVERSITY OF THE SEA, SITE OF THE SERENA, THE DRAFT CONTRACT COLLECTIVE.
