makes government employees aware not only

of their rights but also of their responsibilities

knowsnot only to make impositionsor
demands but also to listen toreason
looks upon Management not as rival but as
partner to social and economicprogress
balances
its interestswiththose of the
management and the agency as awhole
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. Inte grity and Honesty

(Do we inspire others by our integrity and
honesty?)
The 1987Constitution
-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
1987 Constitution
• Section 8, Article III (Bill ofRights)
“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.”
•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
GovernmentEmployees toSelf-Organization)
 (IRR of EO 180, ArticleII)
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
managementthru the development of
harmonious and sound labor management
practices to attain maximum efficiency in the
publicservice;

• To improve the welfare and well-being of

workers through better terms and conditions
of employment;
• To protect security of tenure of
public servants;

• 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 conduct normal activities of the employee
organization to enhance employee welfare in relation to
conditions of work, consistent withproviding effective and
dependable service tothe public;
• To make sure that activities of the employee organization
willnotprejudiceor disrupt public service;
• To observe existing rules in the use of premises or
facilities of theoffice;
• To uphold public interest and to act as custodian and
frontlinersin thedelivery of publicservice &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 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
interandintra-unions.
 Creation of Union

REGISTRATION

ACCREDITATION

Crafting of
CNA
CNA
REGISTRATION
• 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 itsregistration.

• 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
negotiatingagent.

• 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 ofAccreditation.
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
collectiveagreement,thus, sustaining and
possibly enriching their continuing
relationships.
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.”
Legal Bases
2. Art. XIII – 1987 Constitution, Section 3, par. 2
“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.”
Legal Bases
3. Art. IX-B - 1987 Constitution, Section 2, par. 5
“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 on

7. Defer discussions on items that might create an

impasse, before impasse is reached; and
8. Patience during impasse in negotiation.
 G R O U N D RULES in N E G O T I A T I N G
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.
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 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
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.
 Collective Negotiation Agreement

• Schedule of vacation &otherleaves;

• 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 marriedwomen;
• 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.

Those that require
fund appropriation
• 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 retirementbenefits
Collective Negotiation Agreement
Those that involve
exercise of
• management;
promotion,
Reclassification/ upgrading
•
ofposition; Revisionof
• compensationPenalties
imposedasa resultof
• disciplinary actions;
Selectionofpersonnelto
• attendseminars, trainings,
studygrants
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
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.
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 whatever
in form…. under
PSLMC Resolution No. 04, s. 2002 and
granted
PSLMC Resolution No. 2, s. 2003, or the
rationalized cash incentive granted to the
government employees concerned who
contributed either in productivity or cost
savingsin 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 p ro
v
id
e
sthat
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
productivityand implementationof cost-
cutting measures identified in the CNA, provided
they are assessed and have paid the
correspondingagency 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 cannotbe 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
SecuritySystemvs. Commission on
Audit, 384 SCRA 548, as a form of
additional compensation prohibited
under the1987 Philippine Constitution.
• Their normal activities shall be done in such a manner
that will enhance welfare, in relation to conditions of
work, consistent withthe duty of government to provide
effective and dependable service to thepublic.
• Their activities shalll not prejudice/disrupt publicservice.
• The premises and/or facilities may be availed of subject
to existingrules.
• The terms and conditions of employment in the
government are governed by lawand 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
countertotheorganization
 have active members, a competent
leadership, effective structure, working
administrative systems and sufficient funds
Thank you.....