public sector union (principles and benefits)

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

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.

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.

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?)

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?)

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

• 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.

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)

(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.

• 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;

• 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;

• 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.

1.Creation/Organization of Responsible PSUIt 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 AffairsIt 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.

Creation of Union

REGISTRATIONREGISTRATION

ACCREDITATIONACCREDITATION

Crafting of CNACNA CNA REGISTRATIONREGISTRATION

• 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.

• 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.

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.

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.

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.

Legal Bases1. 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.”

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.”

3. Art. IX-B - 1987 Constitution, Section 2, par. 5

Legal Bases

“The right to self-organization shall not be denied to government employees.”

• Duty to negotiate collectively; and

• Good faith negotiation

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 on7. Defer discussions on items that might create an

impasse, before impasse is reached; and8. Patience during impasse in negotiation.

1. Composition of Negotiating PanelEach 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 NEGOTIATINGSAMPLE

3. QuorumThe presence of at least four (4) members from each panel shall be sufficient to hold negotiation meetings.


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).

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.



6. PostponementNo 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.


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.

8. Sequence of Issues for NegotiationThe 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.



9. SecretariatA 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.


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.


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.


12. Observers / AlternatesOther 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.

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;

Collective Negotiating Process5. 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; and11. Notify management and request the

implementation of the CNA

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.

• 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.

• 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.

• 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

• 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 requirefund appropriation

Those that involve exercise of management prerogative

Collective Negotiation Agreement

1. Declaration of Principles2. Coverage/Scope of Representation3. Union Recognition and Security4. Union Rights and Privileges5. Management Prerogatives and

Responsibilities and Union Responsibilities and Accountability

6. Recruitment, Placement and Career Development

7. Health and Safety8. Cost-cutting measures

9. Employee Benefits Program10. Grievance Machinery11. Dispute Resolution12. Entirety and Modification Clause13. Separability Clause14. 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.

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.

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.

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...

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)

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.

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.

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.

• 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.

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

Thank Thank you.....you.....

public sector union (principles and benefits)

Government & Nonprofit