2. makes government employees aware not only
of their rights but also of their responsibilities
knows not only to make impositions or
demands but also to listen to reason
looks upon Management not as rival but as
partner to social and economic progress
balances its interests with those of the
management and the agency as a whole
3. Mechanism to promote harmonious relationship
between the management and the rank and file.
Force to compel management to observe the
democratic processes relating to merit system.
Factor to influence legislation that will further
protect and uplift employee welfare.
Partner of management in policy formulation as
well as in policy implementation and monitoring.
Watchdog of the people for preventing graft and
corruption.
4. Agent of change in bringing about a more
efficient and effective delivery of public service.
Negotiating Agent for improved terms and
conditions of work, particularly those that are not
fixed by law.
A Union can serve as a conduit for bringing
about the principle of transparency and
accountability in the government sector that
ought to result in improved performance and
service delivery to clients.
5. 1. Independence and Common Purpose
(Are we guided by a common purpose and free from
any influence?)
2. Responsibility and Responsiveness
(Are we responsible for our action and
responsive to the needs of others?)
6. 3. Unity amidst Diversity
(Do we work for unity and peace in the workplace?)
4. Integrity and Honesty
(Do we inspire others by our integrity and
honesty?)
7. The 1987 Constitution
- allowed the private sector to take the lead in
development and to privatize GOCCs
- guarantees the exercise by the workers in the
public sector of the rights to association, collective
bargaining and negotiation and concerted actions
including the right to strike in accordance with law
8. • Section 8, Article III (Bill of Rights)
“The right of the people, including those employed in the
public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be
abridged.”
• Section 2(5), Article IX-B (Constitutional Commission)
The right to self-organization shall not be denied to
government employees.”
1987 Constitution
• Section 3, Article XIII (Social Justice & Human Rights)
“It shall guarantee the right of all workers to self-organization,
collective bargaining and negotiations, peaceful concerted
activities including the right to strike in accordance with law.
9. Executive Order No. 180 – June 1, 1987
(Guidelines for the Exercise of the Right to
Organize of Employees)
Implementing Rules of EO 180
– Sept. 28, 2004 (Rules and Regulations to
Govern the Exercises of the Rights of
Government Employees to Self-Organization)
10. (IRR of EO 180, Article II)
Sec. 5. Government employees shall not be discriminated
against in respect of their employment by reason of their
membership in employees’ organizations or participation in
the normal activities of their organization.
Sec. 6. Government autorities shall not interfere in the
establishment, functioning or administration of government
employees’ organizations through acts designed to place
such organizations under the control of government
authorities.
11. • To foster and promote a noble and enduring
relationship between employees and
management thru the development of
harmonious and sound labor management
practices to attain maximum efficiency in
the public service;
• To improve the welfare and well-being of
workers through better terms and conditions
of employment;
12. • To promote equality of opportunities for all
the workers regardless of sex and creed;
and
• To enlighten and unite workers into one
strong union.
• To protect security of tenure of public
servants;
13. • To conduct normal activities of the employee
organization to enhance employee welfare in relation to
conditions of work, consistent with providing effective
and dependable service to the public;
• To make sure that activities of the employee
organization will not prejudice or disrupt public service;
• To observe existing rules in the use of premises or
facilities of the office;
• To uphold public interest and to act as custodian and
frontliners in the delivery of public service & welfare;
• The terms and conditions of employment in the
government are governed by law and employees therein
shall NOT STRIKE.
14. 1.Creation/Organization of Responsible PSU
It covers the basic concepts in organizing or creating
responsible PSU including the theoretical, legal and other
statutory bases. It also deals with union registration and
accreditation.
2. Conduct/Management of Union Affairs
It focuses on union administration particularly in negotiating
for a collective agreement, managing union resources and
dealing with management.
3. Conflict Resolution
It covers the major types of settling disputes and highlights
the importance of the grievance machinery, alternative dispute
resolution and/or PSLMC resolution. It also includes disputes
via inter and intra-unions.
16. • To acquire legal personality to enjoy the
rights and privileges granted under E.O. 180.
• To protect the employees’ organization
against question/attack on its existence
collaterally except through an independent
petition for cancellation of its registration.
• To be qualified to be accredited as the sole
and exclusive negotiating agent of its
members.
17. • The recognition by the CSC granting the
registered employees’ organization the
status of being the sole and exclusive
collective negotiating agent.
• The employees’ organization enjoys the
majority support of the rank-and-file in the
agency.
18. The management must recognize the
accredited union as a partner in the policy-
or decision-making especially on matters
affecting the interests of the employees on
terms and conditions of employment that
are not fixed by law such as employees’
welfare, benefits and reasonable working
conditions.
19. It has the responsibility to submit to
management a CNA proposal which has
been approved by the majority of the general
membership within one (1) year from
issuance of the Certificate of Accreditation.
Such proposal must be approved by a
majority of the general membership, copy
furnished the CSC-PRO.
20. An activity whereby the recognized
employees’ association and the
management officials attempt to resolve
conflicting interests/differences towards a
collective agreement, thus, sustaining
and possibly enriching their continuing
relationships.
21. Legal Bases
1. Art. III – 1987 Constitution, Section 8
“The right of the people, including those employed
in the public and private sectors, to form unions,
associations, or societies for purposes not contrary
to law shall not be abridged.”
22. 2. Art. XIII – 1987 Constitution, Section 3, par. 2
Legal Bases
“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.”
23. 3. Art. IX-B - 1987 Constitution, Section 2, par. 5
Legal Bases
“The right to self-organization shall not
be denied to government employees.”
24. • Duty to negotiate collectively;
and
• Good faith negotiation
25. 1. Define clearly the issue(s);
2. Understand the issue(s);
3. Generate a list of solutions;
4. Select solution to the issue(s);
5. Hold the parties concerned accountable for their
actions;
6. Eliminate from negotiations items that are:
a) unnecessary
b) impossible to agree on
7. Defer discussions on items that might create an
impasse, before impasse is reached; and
8. Patience during impasse in negotiation.
26. 1. Composition of Negotiating Panel
Each panel shall be composed of five (5) alternatives. The
names of the members of both parties shall be made
known at least five (5) days before the actual negotiations.
2. Authority to Negotiate
The principal of both parties shall give their respective
negotiating panels the written authority to negotiate and
bind such principals to the matters agreed upon.
GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
27. 3. Quorum
The presence of at least four (4) members from each panel
shall be sufficient to hold negotiation meetings.
GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
4. Venue of negotiation
The negotiation meetings shall be held in a neutral place
convenient to both parties (The parties may identify the
specific venue).
28. 5. Time limits and Schedule of meetings
The parties to the CNA shall finish the negotiation not later
than the end of ____________. Negotiation meetings shall
commence not later than five (5) days from the submission
by both parties of their respective proposals. Meetings shall
be held at least three (3) times a week, morning and
afternoon, which may extend in the evening, if necessary.
The parties may agree to hold meetings on a daily basis until
the termination of the agreement.
GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
29. GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
6. Postponement
No postponements of scheduled meetings shall be allowed
except on mutual agreement by both negotiating panels. In
no case shall consecutive meetings be postponed at the
instance or request of only one panel. No delays shall be
allowed on the ground that a party needs time to research
or consult /secure an opinion from an outside
source/agency.
30. GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
7. Relief from regular duties & responsibilities
The members of the (name of Employee
Association/Union), negotiating panel,
including the members of its Secretariat, shall
be on official business throughout the duration
of the negotiations and they shall be relieved of
all their regular duties and responsibilities.
31. 8. Sequence of Issues for Negotiation
The parties shall first discuss and negotiate
the employee’s political rights and other non-
economic demands. Nothing shall stop the
parties from changing the sequences of issues
or from suspending the discussion of a
particular issue to give way to another.
GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
32. GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
9. Secretariat
A Secretariat shall be formed to record the
proceedings of the negotiations. The
members of the Secretariat shall be
responsible for the preparation of the minutes
of meetings. Minutes of the meetings shall be
approved and duly signed by both parties.
33. GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
10. Expenses
Each party shall bear its own cost for the
preparation of its written proposals and for
other pre-negotiation expenses. Expenses for
the venue, board and lodging and travel as
well as food during the negotiation proper
shall be shouldered by the agency.
34. GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
11. Access to Financial and Other
Records of the Agency
The management shall provide the (name
of Employee Association/Union) with
pertinent audited and verified financial
statements of the agency and other related
documents.
35. GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
PLE
12. Observers / Alternates
Other officials and employees who wish
to observe the proceedings of the actual
negotiation shall be allowed to do so,
provided that there will be no disruption
of office work.
36. 1. Employees’ union submits a letter to management
requesting:
a) date of initial meeting;
b) management representatives in the
negotiating panel
c) clearance to invite a CSC and/or union
federation representatives
2. Initial meeting between employees’ union and
management and the establishment/formulation
of rules/procedures for negotiation;
3. Employees’ union submits/presents negotiation
proposal to the management;
4. Management submits its response or counter
offer;
37. Collective Negotiating Process
5. Succeeding meeting – negotiation;
6. Summarize areas/concerns which both are in
agreement and those which were not agreed upon
by the panel;
7. Conclude CNA;
8. Post CNA in at least two (2) conspicuous places for
7 days;
9. Ratification by union members of CNA by means of
their signatures;
10. CNA shall be registered with CSC; and
11. Notify management and request the
implementation of the CNA
38. A contract negotiated between an
accredited employees’ organization as the
negotiating unit and the
employer/management on the terms and
conditions of employment and their
improvements that are not fixed by law.
39. • The employer-employee relations will surely
improve;
• There will be definite agenda within which
employer-employee relations could be developed
and there will no longer be one way process – from
top to bottom and nothing else;
• It makes for a responsive and responsible
relationship between the employees and the
management; and
• It is a measure of how one succeeds in the effort to
build genuine, independent and responsible unions
in the public sector.
40. • Only an accredited/recognized union and the employer/
management can enter into a CNA.
• A union can start negotiation after a Certificate of
Accreditation is issued; and within one (1) year, the
union shall submit its CNA proposal to the management.
• Effectivity: Upon its signing by the parties and
ratification by majority of the rank-and-file employees to
be done within 90 calendar days. Otherwise, the
Application for Registration shall be denied.
• A CNA shall in no case have a lifespan of more than
three (3) years.
41. • Schedule of vacation & other leaves;
• Work assignment of pregnant women;
• Personnel growth and development;
• Communication system;
• Provision for protection and safety;
• Provision for facilities for handicapped personnel;
• Provision for family planning services for married women;
• Physical fitness program;
• Work assignment/reassignment/detail/transfer;
• Distribution of workload;
• Recreational, social, athletic & cultural activities & facilities;
• Provision of first aid & medical services & supplies;
• Annual medical/physical examination.
Collective Negotiation Agreement
42. • Increase in salary emoluments
and other allowances not
presently provided by law;
• Facilities requiring capital
outlay;
• Car plan;
• Special hospitalization,
medical/dental services;
• Provident fund;
• Rice, sugar and other
subsidies;
• Travel expenses;
• Increase in retirement benefits
• Appointment;
• Promotion;
• Reclassification/
upgrading of position;
• Revision of
compensation
• Penalties imposed as a
result of disciplinary
actions;
• Selection of personnel to
attend seminars,
trainings, study grants
Those that require
fund appropriation
Those that involve
exercise of
management
prerogative
Collective Negotiation Agreement
43. 1. Declaration of Principles
2. Coverage/Scope of Representation
3. Union Recognition and Security
4. Union Rights and Privileges
5. Management Prerogatives and
Responsibilities and Union Responsibilities
and Accountability
6. Recruitment, Placement and Career
Development
7. Health and Safety
8. Cost-cutting measures
44. 9. Employee Benefits Program
10. Grievance Machinery
11. Dispute Resolution
12. Entirety and Modification Clause
13. Separability Clause
14. Effectivity and Duration
The negotiation of the succeeding CNA,
commonly termed renewal or renegotiation,
within sixty (60) days after the expiration of the
CNA is also agreed upon to form part of this
provision.
45. The process by which the Agreement concluded
between the management and the accredited
employees’ organization is found to have complied
with the documentary requirements and
accordingly issued the corresponding certificate
of registration by the CSC. Such registration shall
be a bar to any petition questioning the majority
status of the accredited employees’ organization
during the term of the Agreement, except within
sixty (60) days before the expiration thereof. The
term of the Agreement shall in no case exceed
three (3) years.
47. The registration of CNA shall not
constitute a bar to certification election
after a finding by the CSC-PRO that the
supporting documents for the
registration were fraudulent, falsified or
tainted with misrepresentation. In such
a case the CSC-PRO shall order the
cancellation of CNA registration.
48. This is a cash incentive in whatever
form…. granted under
PSLMC Resolution No. 04, s. 2002 and
PSLMC Resolution No. 2, s. 2003, or the
rationalized cash incentive granted to the
government employees concerned who
contributed either in productivity or cost
savings in an agency...
49. Coverage:
This may be granted to both management
and rank-and-file employees of agencies,
with approved and successfully implemented
CNAs, in recognition of their efforts in
accomplishing performance targets at lesser
cost, in attaining more efficient and viable
operations through cost-cutting measures and
systems improvement. (DBM Circular No. 2011-
5, s. 2011 and Senate and House of
Representatives Joint Resolution No. 4, s. 2009)
50. Coverage:
DBM Budget Circular No. 2006-1 provides
that CNA Incentive may be extended to rank-
and-file co-terminous and highly confidential
employees and those whose appointments are
temporary, contractual, or casual in nature, on
full-time or part-time basis, who contributed to
agency productivity and implementation of cost-
cutting measures identified in the CNA, provided
they are assessed and have paid the
corresponding agency fees.
51. Source:
The incentive shall be sourced solely from savings
generated as a result of the cost-cutting
measures/systems of improvement agreed upon
by the union/association and the agency
management. Hence, the incentive cannot be
given upon signing of the agreement by the
parties, otherwise, it will partake of the nature of a
signing bonus.
52. Signing Bonus has been declared
illegal by the Supreme Court in Social
Security System vs. Commission on
Audit, 384 SCRA 548, as a form of
additional compensation prohibited
under the 1987 Philippine Constitution.
53. • Their normal activities shall be done in such a manner
that will enhance welfare, in relation to conditions of
work, consistent with the duty of government to provide
effective and dependable service to the public.
• Their activities shalll not prejudice/disrupt public service.
• The premises and/or facilities may be availed of subject
to existing rules.
• The terms and conditions of employment in the
government are governed by law and employees
therein shall not strike for the purpose of securing
changes thereof.
54. As free and independent organizations,
unions must:
remain autonomous from the control of
management, the government and any
other entity
assert and protect the interest of the workers
ensure not to be beholden to other interest
groups whose principles and objectives run
counter to the organization
have active members, a competent
leadership, effective structure, working
administrative systems and sufficient funds
Although the Constitution provides workers the right to strike, it is not clear whether government officials and employees are included therein. And even assuming that they are so included under the term “worker”, it has to be emphasized that the provision is not absolute nor unconditional. The right must be exercised “in accordance with law”. This particular phrase was purposely included because of existing pertinent laws and in order for Congress to enact the corresponding limitations and regulations thereof. This means that the Congress will still have to determine whether the tight to strike shall cover both the private and public sectors and if so, as to what particular fields in the public service the right to strike shall be prohibited or allowed.
The Commission stresses that public service is different from private industry service and, therefore, the right to strike may not be necessarily similar in application. Precisely, there exists some conflicting interests in private labor relations but not between the government and its employees. In fact the Supreme Court in the case of Alliance of Government Workers, et al. vs. Hon. Minister of Labor and Employment, et al. (124 SCRA 1) ruled that:
“x x x by reason of the nature of the public employer and the peculiar character of the public service, it must necessarily regard the right to strike given to unions in private industry as not applying to public employees and civil service employees. It has been stated that the Government, in contrast to the private employer, protects the interests of all people in the public service, and that accordingly, such conflicting interests of all people in the public service, and that accordingly, such conflicting interests as are present in private labor relations could not exist in the relations between Government and those whom they employ.”
This particular decision has been cites in the subsequent case of National Housing Corp. vs. Juco (134 SCRA 172) from these, we say that the civil servants are accorded by law some status which demands allegiance and loyalty to the government and thereby should be expectant to accept certain limitations on the right normally and usually granted to workers in the private sectors.
In view thereof, and prior to the enactment by Congress of applicable laws concerning strike by government employees, and considering that there are existing laws which prohibit government officials and employees from resorting to strike the Commission enjoins under pain of administrative sanctions, all government officers and employees from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass actions which will result in temporary stoppage or disruption of public service. To allow otherwise is to undermine or prejudice the government system.
Prohibited Concerted Mass Actions (Guidelines) – CSC Resolution No. 021316 dated 10/10/02
Prohibited concerted activity or mass actions – refer to any collective activity undertaken by government employees, by themselves or through their employees’ organizations, with the intent of effecting work stoppage or service disruption in order to realize their demands or force concessions, economic or otherwise, from their respective agencies or the government. It shall include mass leaves, walkouts, pickets and acts of similar nature.
Administrative liability. Government employees who join, participate or take part in any prohibited concerted activity or mass action sahll be held adminitratively liable for the offense of conduct prejudicial to the best interest of the service and such other administrative offense as may be warranted under the circumstances. A registered and/or accredited employees’ organization which initiates, spearheads, joins or participate in any prohibited concerted or mass actions, shall have its registration and/or accreditation revoked or cancelled.
Rank-and-file employees – refers to an employee in the public sector whose functions do not fall under coterminous employee, high level employee, and highly confidential employee. The nature of the employee’s functions as reflected in the approved description form shall prevail.
Casual or contractual employees may join or assist employee unions during their employment.
Security Guards holding plantilla positions may join or assist rank-and-file employee unions/organizations, except security guards of banks, transportation, brokerage and/or warehousing firms and those employed in other various public utilities or vital industries/services.
Rank-and-file employees – refers to an employee in the public sector whose functions do not fall under coterminous employee, high level employee, and highly confidential employee. The nature of the employee’s functions as reflected in the approved description form shall prevail.
Casual or contractual employees may join or assist employee unions during their employment.
Security Guards holding plantilla positions may join or assist rank-and-file employee unions/organizations, except security guards of banks, transportation, brokerage and/or warehousing firms and those employed in other various public utilities or vital industries/services.
High level employees – refers to one who performs managerial functions such as the exercise of powers to formulate management policies and decisions, or to hire, transfer, assign, lay-off, recall or discipline employees.
Highly confidential employees – refers to an employee who occupies position which requires a high degree of trust and confidence and close intimacy with the appointing authority or immediate supervisor which ensures free and open communication without harassment or freedom from misgivings of betrayal of personal trust or confidential matters of state. The term is used interchangeable with primarily confidential employees.
Rank-and-file employees – refers to an employee in the public sector whose functions do not fall under coterminous employee, high level employee, and highly confidential employee. The nature of the employee’s functions as reflected in the approved description form shall prevail.
Casual or contractual employees may join or assist employee unions during their employment.
Security Guards holding plantilla positions may join or assist rank-and-file employee unions/organizations, except security guards of banks, transportation, brokerage and/or warehousing firms and those employed in other various public utilities or vital industries/services.
Application signed by at least 30% of the organizational unit.
Importance of Registered Employees’ Association:
It has the right to represent its members and undertake activities to further and protect its interests.
Responsibilities of Registered Employees’ Association
GROUNDS FOR THE CANCELLATION/REVOCATION OF REGISTRATION
Importance of Negotiation:
If there is CNA, the employee-employer relations will surely improve;
With the CNA, there will be definite agenda within which employee-employer relations could be developed and there will no longer be one way process: from top to bottom & nothing else;
Having CNA makes for a responsive and responsible relationship between the employees and the management; and
Having CNA is a measure of how one succeeds in the effort to build genuine, independent and responsive employees’ unions in the public sector.
Importance of Negotiation:
If there is CNA, the employee-employer relations will surely improve;
With the CNA, there will be definite agenda within which employee-employer relations could be developed and there will no longer be one way process: from top to bottom & nothing else;
Having CNA makes for a responsive and responsible relationship between the employees and the management; and
Having CNA is a measure of how one succeeds in the effort to build genuine, independent and responsive employees’ unions in the public sector.
Importance of Negotiation:
If there is CNA, the employee-employer relations will surely improve;
With the CNA, there will be definite agenda within which employee-employer relations could be developed and there will no longer be one way process: from top to bottom & nothing else;
Having CNA makes for a responsive and responsible relationship between the employees and the management; and
Having CNA is a measure of how one succeeds in the effort to build genuine, independent and responsive employees’ unions in the public sector.