Republic of the Philippines
CSC Building, Constitution Hills
Diliman, Quezon City
PSLMC Resolution No. 02, s. 2004
APPROVING AND ADOPTING THE Amended Rules and
Regulations Governing the Exercise of the Right of Government Employees to
Organize
WHEREAS,
the Public
Sector Labor-Management Council has promulgated the rules and regulations
governing the exercise of the right of government employees to
self-organization pursuant to the provisions of Executive Order No. 180 dated
June 1, 1987;
WHEREAS,
the Council has been issuing from time to time various resolutions
amending, supplementing and clarifying certain provisions of the Rules;
WHEREAS,
in matters of procedure which are not covered by the Rules, the provisions
of the Labor Code of the Philippines, the Rules of Court and prevailing
jurisprudence apply in a suppletory character;
WHEREAS,
the Council has received numerous requests for consolidation of its various
policy resolutions and for the amendment of certain provisions to respond to
the needs of personnel-management relations;
NOW,
THEREFORE, the Council resolves, as it is hereby resolved, to approve and
adopt the “Amended Rules and Regulations Governing the Exercise of the Right
of Government Employees to Organize”:
RESOLVED
FURTHER that
these Amended Rules and Regulations shall be published in a newspaper of
general circulation.
Done
in Quezon City, September 28, 2004.
KARINA CONSTANTINO-DAVID
Chairperson, Civil Service Commission
CHAIRPERSON
MANUEL G. IMSON
Acting Secretary, Department of Labor and
Employment
VICE-CHAIRPERSON
RAUL M. GONZALEZ
JUANITA D. AMATONG
Secretary,
Department of Justice Secretary, Department of Finance
MEMBER MEMBER
EMILIA
T. BONCODIN
Secretary,
Department of Budget and Management
MEMBER
Attested
by:
ATTY.
ANICIA MARASIGAN-DE LIMA
Chairperson,
PSLMC Secretariat
Director
IV, Personnel Relations Office
Civil
Service Commission
The Rules and
Regulations to Govern the Exercise of the Right of Government Employees to
Organize issued pursuant to Section 15 of Executive Order No. 180 dated June 1,
1987 are hereby amended to read as follows:
Section 1. Definition of terms.
--
(a)
“Accreditation of Employees’ Organization” refers to the act
of the Civil Service Commission (CSC) in conferring to a registered employees’
organization enjoying the majority support of the agency’s rank-and-file
employees, the status of sole and exclusive collective negotiating agent.
(b)
“Accredited Employees’ Organization” refers to a registered organization of rank-and-file employees as
defined in these Rules, which has been recognized and certified by the CSC as
the sole and exclusive collective negotiating agent.
(c)
“Agency Fee” refers to a reasonable assessment equivalent to
the dues and other fees paid by members of the sole and exclusive collective
negotiating agent deducted from non-employees’ organization members who benefit
from the terms of the collective negotiation agreement.
(d)
“Appeal” refers to the mechanism of elevating by an aggrieved party of any
decision, resolution or order of a lower body to a higher body vested with
appellate authority by means of a document which includes the assignment of
errors, memorandum of arguments in support thereof, and the reliefs prayed for.
(e)
“Audit Examiner” refers to an employee authorized by the Council
to conduct an audit or examination of the books of accounts including all
funds, assets, liabilities and other accountabilities of a registered
employees’ organization.
(f)
“Cancellation/Revocation Proceedings” refers to the process of
cancelling/revoking the registered or accredited status of an employees’
organization.
(g)
“Certification Election” refers to the process of determining the
sole and exclusive negotiating agent of the employees in the negotiating unit,
through secret ballot, for purposes of collective negotiations.
(h)
“Chairperson” refers to the Head of the Public Sector
Labor-Management Council and the Head of the Civil Service Commission.
(i)
“Collective Negotiation Agreement” or “CNA”
refers to the negotiated contract between an accredited employees’ organization
representing a negotiating unit and the employer/management concerning terms
and conditions of employment and improvements thereof that are not fixed by
law.
(j)
“Conciliation and Mediation” refers to the peaceful mode of
dispute settlement conducted by the CSC-PRO or other CSC authorized
representative as provided under Rule XVIII of these Rules for the purpose of
bringing the management and the registered and/or accredited employees’
organization together to discuss their grievances and to assist them develop
and reach mutually acceptable solution to the problem.
(k)
“Coterminous employee” refers to an employee whose entrance and
continuity in the service is based on any of the following: 1) trust and
confidence of the appointing authority or of the head of the organizational
unit where the former is assigned; or, 2) duration of the project, or
the period for which an agency or office was created.
(l)
“Council” refers to the Public Sector Labor-Management Council created under
Executive Order No. 180 dated June 1, 1987.
(m)
“CSC” refers to the Civil Service Commission.
(n)
“CSC-PRO” refers to the Personnel Relations Office of the CSC.
(o)
“DOLE” refers to the Department of Labor and Employment.
(p)
“DOLE-BLR” refers to the Bureau of Labor Relations of the DOLE.
(q)
“Election Officer” refers to
an employee of the BLR who is authorized to conduct and supervise
certification elections and other forms of elections and referenda ordered by
the DOLE-BLR or who is requested to assist in the conduct of elections of
officers of a registered employees’ organization in accordance with these
Rules.
(r) “Election
Proceedings” refers to the process in a certification or run-off
election commencing from the opening of the polls, actual voting and counting
to tabulation and/or consolidation of canvassed votes.
(s)
“Eligible voter” refers to a voter in an election whose eligibility
is not contested or challenged or whose eligibility has already been declared
with finality in an appropriate proceeding.
(t)
“Employee” refers to any person working for an agency. It includes one whose work
has ceased in connection with any current employee-management dispute or unfair
labor practice or whose dismissal from the service has not attained finality.
(u)
“Employees’ Organization” refers to any organization, union or
association of employees in agencies of the national government and their
regional offices, attached agencies and their regional offices, state
universities and colleges, government-owned and controlled corporations with
original charters, and local government units, which exists in whole or in part
for the purpose of collective negotiations or for mutual aid, interest,
cooperation and protection.
(v)
“Employer/Management” refers to agencies of the national government and
their regional offices, attached agencies and their regional offices, state
universities and colleges, government-owned or controlled corporations with
original charters, and local government units.
(w)
“Exclusive Collective Negotiating Agent” refers to any
registered employees’ organization which has been accredited by the CSC as the
sole and exclusive negotiating agent of all the employees in a negotiating unit
in accordance with these Rules.
(x)
“Freedom Period” refers to the sixty-day (60) period immediately
before the expiration of a Collective Negotiation Agreement during which time,
the right of representation of an accredited employees’ organization can be
challenged.
(y)
“Hearing Officer” refers to the designated employee of any of the
PSLMC member-agencies who is assigned to hear and receive evidence in cases
falling within the jurisdiction of the Council.
(z)
"High Level Employee" 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.
(aa)“Highly
Confidential Employee” refers to an employee who occupies a 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
interchangeably with primarily confidential employee.
(bb)“Interlocutory
Order” refers to an order issued by the Council or the Hearing Officer that
does not terminate or finally dispose of the case on the merits.
(cc)“Intervenor” refers to any person, registered employees’
organization or entity not a party to a case who/which manifests an interest
therein and who/which may be affected by a decision in the said case.
(dd) “Inter-Employees' Organization Dispute” refers to any
conflict between and among employees’ organizations, excluding conflicts
arising from accreditation or certification election proceedings as provided in
these Rules.
(ee) “Intra-Employees' Organization Dispute” refers to any
conflict between and among the members of an employees’ organization. It
includes all disputes or grievances arising from violation of or disagreement
over any provision of the organization’s constitution and by-laws, violation of
the rights and conditions of membership, accounting and audit of the
organization’s funds, or election of officers.
(ff) “Med-Arbiter” refers to the Mediator-Arbiter of the DOLE-BLR
who is assigned to hear and receive evidence in all petitions for certification
election and certification election protests.
(gg)“Negotiating Unit” refers to the constitutional bodies and
their regional offices; the executive department including services and staff
bureaus and regional offices; line bureaus and their regional offices; attached
agencies; the legislature; the judiciary;
state universities and colleges; government-owned or controlled
corporations with original charters; and, provinces, cities and municipalities.
(hh)“Organizational
Unit” refers to an identifiable government unit, such as the constitutional
bodies and their regional offices; the executive department including services
and staff bureaus; line bureaus; attached agencies; the legislature; the
judiciary; state universities and colleges, government-owned or controlled
corporations with original charters; provinces, cities and municipalities;
regional offices (composed of provincial, district, local offices) of a
department/agency, office, or government-owned or controlled corporations; and,
such other identifiable government units as may be considered by the Public
Sector Labor-Management Council.
(ii)
“Rank-and-File Employee” refers to an employee in the public sector whose
functions do not fall under sub-paragraphs (k), (z) and (aa) hereof. The nature
of the employee’s functions as reflected in the approved position description
form shall prevail.
(jj)
“Registered Employees’ Organization” refers to any
organization, union, or association of employees defined under Section 1(t)
hereof, which is registered with the DOLE and the CSC in accordance with these
Rules.
(kk)“Registration
of CNA” refers to the process by which the CSC, after an evaluation and review
of the CNA, issues the corresponding certificate of registration to the
accredited employees’ organization.
(ll)
“Registration of
Employees’ Organization” refers to the process by which an
employees’ organization acquires legal personality so as to be entitled to the
rights and privileges under Executive Order No. 180 upon compliance with the
documentary requirements and the issuance of the corresponding certificate of
registration by the DOLE and the CSC.
(mm)“Rules” refers to the
Amended Rules and Regulations Governing the Exercise of the Right of Government
Employees to Organize.
(nn)“Run-off Election” refers to an
election between registered employees’ organizations receiving the two (2)
highest number of votes in a certification election which provided for three
(3) or more choices, but none of the three (3) or more choices received a
majority of the valid votes cast; provided, that the total number of votes for
all contending employees’ organizations is at least fifty percent (50%) of the
number of votes cast.
(oo) “Special
Assessment” refers to those fees other than the employees’ organization
dues, labor education fees, and those prescribed under the organization’s
constitution and by-laws.
(pp)“Term of Office” refers to the
period during which the elected officers are authorized to discharge the
functions of their office as prescribed in the employees’ organization
constitution and by-laws.
(qq)“Unfair
Labor-Management Practices” refer to acts described under Rule XVI of these
Rules.
RULE II
Section 1. Policy. - It is
the policy of the State to promote the free and responsible exercise of the
right to organize by all employees in national government agencies and
their regional offices, attached agencies and their regional offices, state
universities and colleges, government-owned or controlled corporations with
original charters, and local government units, through the establishment of a
simplified mechanism for the speedy registration of employees’ organizations, determination
of representation status, and resolutions of intra- and inter-employees’
organization disputes. Only accredited
employees’ organizations shall have the right to represent the rank-and-file
employees in collective negotiation and for the furtherance and
protection of their interest and improvement of public service delivery.
Section 2. Who may join
employees’ organizations in the public sector. - Employees in agencies of the national government and their
regional offices, attached agencies and their regional offices, state
universities and colleges, government-owned or controlled corporations with
original charters, and local government units, except as may be hereinafter
provided, can form, join or assist employees’ organizations, labor-management
committees, work councils and other forms of employees’ participation schemes
of their own choosing for the purposes above-stated.
Eligibility for membership in any
employees’ organization shall commence on the first day of the employees’
service.
The following shall not be eligible
to form, join or assist any employees’ organization for purposes of collective
negotiations:
(a)
high level, highly confidential and coterminous employees;
(b)
members of the Armed Forces of the Philippines;
(c) members of the Philippine National Police;
(d)
firemen;
(e)
jail guards; and,
(f)
other personnel who, by the nature of their functions, are authorized to
carry firearms, except when there is express written approval from management.
Section 3. Concerted
activities and strikes. - The Civil Service Law, Rules and Regulations
governing concerted activities and strikes in the government sector shall be
observed by all government employees, whether or not they are members of
employees’ organizations.
RIGHTS AND CONDITIONS
OF MEMBERSHIP IN AN
EMPLOYEES’
ORGANIZATION
Section 1. Rights and conditions of membership in an employees’
organization. - The following are the rights and conditions of membership
in an employees’ organization:
(a)
No arbitrary or excessive fees shall be charged from the members of an
employees’ organization. Arbitrary, excessive or oppressive fines shall
likewise not be imposed.
(b)
The members shall be entitled to full and detailed reports of all
financial transactions from their officers and representatives as provided for
in the constitution and by-laws of the employees’ organization.
(c)
The members shall directly elect their officers by secret ballot at
intervals pursuant to the constitution and by-laws of the employees’
organization.
(d)
Policy decisions shall be made pursuant to the provisions of the
constitution and by-laws of the employees’ organization.
(e)
No person who has been convicted of a crime involving moral turpitude
shall be eligible for election or appointment as an officer of an employees’
organization.
(f)
No fees, dues, or other contributions shall be collected or disbursed by
an officer, agent or member of an employees’ organization unless authorized by
its constitution and by-laws.
(g)
Every payment of fees, dues or other contributions by a member shall be
evidenced by a receipt signed by the officer or agent making the collection and
shall be entered into the record of the organization kept and maintained for
the purpose.
(h)
The funds of the employees’ organization shall not be applied for any
purpose or object other than those expressly provided by its constitution and
by-laws or those expressly authorized by written resolution adopted by the
majority of the members at a general meeting called for the purpose.
(i)
Every income or revenue of the employees’ organization shall be
evidenced by a record showing its source, and every expenditure of its funds
shall be supported by a receipt from the person to whom the payment is made.
The receipt shall state the date, place and purpose of such payment and shall
form part of the financial records of the employees’ organization.
Any
complaint involving the funds of an employees’ organization, which failed to
submit the required audited annual financial report, can be filed anytime. For
those which have submitted the report, the complaint must be filed within three
(3) years from the date of submission.
(j)
The treasurer of an employees’ organization and every officer thereof
who is responsible for the account of such employees’ organization or for the
collection, management, disbursement, custody or control of the funds and other
properties of the organization shall render to the employees’ organization and
to its members a true and correct account of all money received and disbursed
from the assumption of office or the last day of the rendition of such an
account. The treasurer shall also render an accounting of all entrusted bonds,
securities and other properties of the organization. The rendition of such an
account shall be made:
1)
within thirty (30) calendar days after the end of the calendar year;
2)
at such other times as may be required by a resolution of the majority
of the members of the employees’ organization; and,
3)
upon vacating the office.
The
account shall be audited by the auditor of the employees’ organization, who
shall certify under oath as to the veracity thereof, copies of which shall be
furnished the DOLE-BLR and the CSC-PRO.
(k)
The books of accounts and other records of the financial transactions of
an employees’ organization shall be open to inspection by any officer or member
thereof during office hours.
(l)
No special assessment or other extraordinary fees may be levied upon the
members of an employees’ organization unless authorized by a written resolution
of a majority of all the members in a general membership meeting called for the
purpose. The secretary of the employees’ organization shall record the minutes
of the meeting including the list of all members present, the votes cast, the
purpose of the special assessment or fees and the recipient of such assessment
or fees. The record shall be attested by the president of the employees’
organization.
(m)
No special assessments, attorney’s fees, negotiation fees or any other
similar fees may be checked off from any amount due to an employee without an
individual written authorization duly signed by the employee. The authorization
should specifically state the amount, purpose and beneficiary of the deduction.
(n)
It shall be the duty of an employees’ organization and its officers to
inform its members on the provisions of its constitution and by-laws, CNA, and
all their rights and obligations under existing laws, rules and regulations.
For this purpose, registered employees’ organizations shall collect reasonable
dues to finance seminars on public sector unionism and other relevant
activities.
At
least thirty percent (30%) of the members of a registered employees’
organization, or any member directly or
adversely affected may report to the Council any violation of the
above rights and conditions of membership for the imposition of the proper
penalty against the officer/s concerned, including expulsion from the said
organization.
RULE IV
ELECTION OF
OFFICERS OF AN EMPLOYEES’ ORGANIZATION
Section 1. Conduct of election of officers of an employees’ organization;
Procedure. – The provisions of the
constitution and by-laws of an employees’ organization shall govern the conduct
of the election of officers.
In
the absence of any provision in the constitution and by-laws of an employees’
organization, the following guidelines may be adopted in the election of
officers:
(a)
Within sixty (60) calendar days before the expiration of the term of the
incumbent officers, the president of the employees’ organization or the
majority of the members of the executive board shall constitute a committee on
election (COMELEC) to be composed of at least three (3) members in good
standing who are not running for any position in the election; provided, that
if there are identifiable parties within the employees’ organization, each
party shall have equal representation in the committee;
(b)
Upon the constitution of the COMELEC, the members thereof shall elect
the chairperson of the committee from among themselves, and in case of
disagreement, the president shall designate the chairperson;
(c)
Within ten (10) calendar days from its constitution, the COMELEC shall,
among others, exercise the following powers and duties:
1)
Set the date, time and venue of the election;
2)
Prescribe the rules on the qualification and eligibility of candidates
and voters;
3)
Prepare and post the voters’ list and the list of qualified candidates;
4)
Accredit the authorized representatives of the contending parties;
5)
Supervise the actual conduct of the election and canvass the votes to
ensure the sanctity of the ballot;
6)
Keep minutes of the proceedings;
7)
Be the final arbiter of all election protests;
8)
Proclaim the winners; and,
9)
Prescribe such other rules as may facilitate the orderly conduct of
election.
RULE V
REGISTRATION OF
EMPLOYEES’ ORGANIZATIONS
Section
1. Requirements for registration of employees’ organizations. – The
application for registration shall be signed by the members of the employees’
organization comprising at least thirty
(30%) percent of the
rank-and-file employees in the organizational unit, and shall be accompanied by the original copy and three (3)
duplicate original copies of the following documents:
(a)
a statement indicating the name of the applicant employees’
organization, its principal address, the names of its officers and their
respective addresses, and the total number of employees in the organizational
unit where the applicant seeks to operate;
(b)
the minutes of the organizational meeting and the names and signatures
of the members who participated therein;
(c)
the names of the members comprising at least thirty (30%) percent of the
rank-and-file employees in the organizational unit where the applicant employees’ organization seeks to
operate;
(d)
financial reports, if the applicant employees’ organization has been in
existence for at least one (1) year;
(e)
the applicant’s constitution and by-laws, minutes of its adoption or
ratification and the list of employees who participated therein, unless the
constitution and by-laws was ratified in the same organizational meeting, in
which case, a statement of such fact shall be reflected in the minutes of the
organizational meeting/s.
The
application for registration of any employees’ organization, including all its
accompanying documents shall be verified under oath by its secretary or
treasurer and attested to by its president.
For purposes of
registration, an organizational unit is defined under Section 1 (gg), Rule I of
these Rules.
Section 2. Where to file.
- Applications for registration of
employees’ organizations shall be filed with the DOLE-BLR or with the DOLE
Regional Office.
The DOLE Regional Office shall
transmit the application for registration, together with its attachments,
within twenty-four (24) hours from receipt of the same, to the DOLE-BLR for
processing.
Section 3. Registration fee.
– A registration fee of One Hundred
Forty (P140.00) pesos or such amount as may
be determined by the Council, shall be charged upon every application for
registration of employees’ organizations under these Rules.
Section 4. Action on the
application. – The DOLE-BLR shall either approve or deny the application
for registration within seven (7) calendar days from receipt thereof.
Where the
documents supporting the application are not complete or do not contain the
requisite attestation requirements, the DOLE-BLR shall, within the seven-day
period, notify the applicant in writing of the requirements needed to complete
the application. Where the applicant
fails to complete the requirements within thirty (30) calendar days from
receipt of the notice, the application shall be denied without prejudice to its
re-filing.
Upon
completion of the requirements for registration, the DOLE-BLR shall prepare the certificate of registration for
the signatures of the DOLE Secretary and the CSC Chairperson.
Section 5. Denial of registration;
Grounds for appeal. – The decision denying the application for
registration shall be in writing, stating in clear terms the reasons
therefor. A copy of the decision shall
be furnished the applicant employees’ organization. The decision may be appealed to the Council within ten (10)
calendar days from receipt of notice thereof, on the ground of grave abuse of
discretion or any violation of this Rule.
The memorandum of
appeal together with the complete records of the application shall be filed
with the DOLE-BLR, which shall transmit the same to the Council within
two (2) calendar days from receipt thereof.
The appeal shall be decided by the Council within sixty (60) calendar
days from receipt of the records of the case.
Section 6. Effect of registration. – The
registered employees’ organization shall be vested with legal personality on
the date of the issuance of its certificate of registration. Such legal personality cannot, thereafter,
be questioned except in an independent petition for cancellation of its
registration in accordance with these Rules.
Section 1. Reporting
requirements. – Every registered employees’ organization shall submit to
the DOLE-BLR two (2) original copies of the following documents:
(a)
any amendment to its constitution and by-laws and the minutes of
adoption or ratification of such amendments, together with the signatures of
members who ratified the same, within thirty (30) calendar days from its
adoption or ratification;
(b)
annual audited financial reports within thirty (30) calendar days after
the close of each calendar year;
(c)
Updated list of newly-elected and appointive officers or agents, within
thirty (30) calendar days after each regular or special election of officers,
or from the occurrence of any change in the officers or agents of the
employees’ organization; and,
(d)
list of names of members within thirty (30) calendar days after the
close of each calendar year.
Section 2. Action on the report. – The DOLE-BLR shall assess
the reports submitted by the employees’ organization and enter the same in its
records or notify the employees’ organization concerned of the insufficiency
thereof, as the case may be within five (5) calendar days from receipt thereof.
Section 3. Effect
of failure to submit reportorial requirements. – When a registered
employees’ organization fails to submit any of the reports required under
Section 1 of this Rule despite due notices for compliance, the DOLE-BLR
shall cause the institution of the administrative process for cancellation of
registration.
CANCELLATION OR
REVOCATION OF CERTIFICATE OF REGISTRATION
OF AN EMPLOYEES’
ORGANIZATION
A. ON THE GROUND OF FAILURE TO
SUBMIT REPORTORIAL REQUIREMENTS
Section 1.
Procedure. – The DOLE-BLR shall make a report of the employees’
organization’s non-compliance and submit the same to the CSC Chairperson and
DOLE Secretary for approval of the commencement of administrative cancellation
proceedings. Upon approval, the DOLE-BLR
shall send to the employees’ organization concerned, by registered mail with
return card, a Notice of Compliance directing the submission of specified
documents within fifteen (15) calendar days from receipt of such notice.
If the employees’
organization fails to submit the required documents within the specified period
or the documents submitted are found to be deficient, the DOLE-BLR shall issue
a second Notice of Compliance, with a warning that failure on its part to
comply with the reportorial requirements within fifteen (15) calendar days from
receipt thereof, shall cause the continuation of the proceedings for
cancellation of its registration.
Section
2. Publication of notice of
cancellation of registration. – The DOLE-BLR shall publish the Notice
of Cancellation of Registration of the employees’ organization in two (2)
newspapers of general circulation after fifteen (15) calendar
days from the receipt of the Second Notice when there is no response or in case
a response is received, the same is still found to be deficient.
Section 3. Cancellation
of registration. – The DOLE-BLR shall recommend to the DOLE
Secretary and CSC Chairperson the cancellation of registration of the
employees’ organization where it receives no response within ten (10) calendar
days from date of publication or where it has been verified that the employees’
organization has already been dissolved. Upon approval, the DOLE-BLR
shall cancel the registration of the employees’ organization and delete its
name from the roster of registered employees’ organizations.
Section 4. Cancellation or
revocation of certificate of registration. - Subject to the requirements of notice and due process, the
certificate of registration of an employees’ organization may be cancelled or
revoked on the ground of misrepresentation, false statement or fraud in
connection with the following:
(a) conduct of organizational
meeting;
(b) adoption or ratification of
the constitution and by-laws;
(c) election of officers;
(d) minutes of the election of
officers;
(e) list of voters/members; or,
(f) any of the other documents
submitted for registration
which may have
misled the DOLE-BLR in granting the application for registration.
Section
5. Requirements and procedure – The petition shall be in writing and
verified under oath and shall be filed by any real party in interest before the
DOLE-BLR clearly stating the ground/s relied upon. The same shall be filed
independently of any other pending inter/intra-employees’ organization dispute.
The procedure in the hearing and periods
prescribed under Section 4 (a), (b), and (c) of Rule XVII (A) of these Rules
shall be applied in the resolution of petitions for cancellation or revocation
of the certificate of registration of an employees’ organization.
Where a hearing is necessary, the designated
Hearing Officer of the DOLE-BLR shall summon the parties and their witnesses,
administer oaths and resolve the issues involved in the case. The hearing shall
be terminated and the case shall be deemed submitted for resolution not later
than ninety (90) calendar days from the date of the first hearing.
Section 6. Decision of
the DOLE-BLR. – The DOLE-BLR shall render a decision within thirty (30)
calendar days from submission of the case for resolution. The decision shall
state the facts and the relief granted, if any.
Section 7. Appeal
from DOLE-BLR decision. – The aggrieved party may appeal the decision of
the DOLE-BLR to the Council within ten (10) calendar days from receipt thereof,
for grave abuse of discretion or any violation of these Rules. The appeal shall
be filed with the DOLE-BLR, as the case may be.
The appeal shall
be under oath, and shall consist of a memorandum of appeal specifically stating
the grounds relied upon by the appellant with the supporting arguments and
evidence. The appeal shall be deemed not filed unless accompanied by proof of
service of a copy thereof to the appellee.
Where no appeal is
filed within the ten-day period, the decision shall become final and executory.
The DOLE-BLR shall enter this fact into the records of the case.
Section 8. Reply
– A reply to the appeal may be filed with the Council through the CSC-PRO
within ten (10) calendar days from receipt of the memorandum of appeal or upon
the expiration of the period to file the same.
Section 9. Decision of the Council. - The
Council shall render a decision on the appeal within thirty (30) calendar days
from receipt of the reply or upon the expiration of the period to reply.
The
decision of the Council shall be final and executory unless a motion for
reconsideration is filed within ten (10) calendar days from receipt of such
decision. Only one motion for reconsideration shall be entertained.
Section 1. Nature of the
proceedings; Determination of representation status. - Proceedings to determine the sole and
exclusive collective negotiating agent are expeditious, non-litigious in
nature, and free from technicalities of law and procedure.
The
determination of the sole and exclusive collective negotiating agent shall be
through accreditation by the CSC.
Section 2. Where to file. - The employees’ organization seeking
accreditation shall file with the CSC-PRO a sworn petition for accreditation
signed by a majority of the rank-and-file employees of the negotiating unit it
seeks to represent.
Section 3. Form and contents of the petition. - The petition shall be in
writing, verified under oath by the president of the employees’ organization,
and contain the following allegations, among others:
(a)
that the petitioner is a duly registered employees’ organization;
(b)
when the petitioner-employees’ organization is the lone employees’
organization within the negotiating unit -- that the employees whose names and
signatures appear in the petition constitute the majority of the total number
of the rank-and-file employees in the negotiating unit who supports the
accreditation of the petitioner-employees’ organization;
(c)
when the petitioner-employees’ organization is the mother employees’
organization composed of several registered employees’ organizations -- that it
has the majority membership of all the rank-and-file employees in the
negotiating unit; and,
(d)
that it is in the best interest of the rank-and-file employees in the
negotiating unit that the petitioner–employees’ organization be accredited as
their sole and exclusive negotiating agent.
For purposes of
accreditation, the negotiating unit is defined under Section 1(ff), Rule I of
these Rules.
Section 4. Supporting documents. - The following documents shall
accompany the petition for accreditation:
(a)
certified true copy of the latest agency plantilla of positions;
(b)
certified true copy of the latest approved payroll; and,
(c)
certification from the DOLE-BLR that the employees’ organization
seeking accreditation is the only registered employees’ organization in the
negotiating unit and that no other employees’ organization in the same
negotiating unit is seeking registration.
Section 5. Accreditation fee. – An accreditation
fee of One Hundred Fifty Pesos (P150.00) or such amount as may be determined by
the Council shall be paid by the employees’ organization.
Section 6. Action on the petition. - Immediately
upon receipt of the sworn petition for accreditation and after evaluation as to
the completeness of the petition and supporting documents, the CSC-PRO shall
require the petitioner-employees’ organization to post in a conspicuous place
within the premises of the agency and its regional offices/branches, if any,
the Notice of the Petition for Accreditation for a period of ten (10) calendar
days from receipt thereof.
Section 7. Opposition to petition for accreditation. - Within the ten
(10) day posting period, any interested party may file with the CSC-PRO, copy
furnished the petitioner-employees’ organization, a sworn opposition to the
petition for accreditation on grounds of misrepresentation, false statement or
fraud in connection with the names and signatures of the rank-and-file
employees appearing in the petition.
Section 8. Effect of absence of opposition. – If
no opposition is filed, csc-pro
shall cause the preparation of a certificate of accreditation for signature of
the Chairperson of the csc.
If an
opposition is filed, the CSC-PRO
shall immediately require the petitioner- employees’ organization to
comment on the opposition and upon receipt thereof, evaluate the merits of the
opposition and the petitioner’s comment.
If
the opposition is found to be without merit, CSC-PRO shall deny the opposition
and cause the preparation of a certificate of accreditation for signature of
the CSC Chairperson. An appeal from the denial of the opposition may be filed
with the Council.
If,
on the other hand, the opposition is found to be meritorious, CSC-PRO shall
forward the records, together with its recommendation, to the Council for
resolution. If the Council finds merit in the opposition, it may either deny
the petition for accreditation or order the DOLE-BLR to conduct a certification
election.
Section 9. Motion for reconsideration. - The aggrieved party may move for
reconsideration of the Order of the Council to deny the petition for
accreditation or to conduct a certification election within ten (10) calendar
days from receipt of the order.
Section 10. Certificate of accreditation after
certification election. - Based on the certification election results
issued by the DOLE-BLR, the CSC shall issue the Certificate of
Accreditation to the winning employees’ organization.
Section 11. Responsibility of
CSC-PRO to inform. – Within ten (10)
calendar days from issuance of the Certificate of Accreditation, the
CSC-PRO shall inform Management that the employees’ organization which has been
issued a Certificate of Accreditation, is the sole and exclusive negotiating
agent of the rank-and-file employees.
Section 12. Responsibility of accredited employees’
organization. - Within one (1) year from issuance of the Certificate of
Accreditation, the accredited employees’ organization shall submit to
management a CNA proposal, which has been approved by a majority of the
general membership, copy furnished CSC-PRO.
Section 13. Challenge to accreditation;
Grounds. – The status of an accredited employees’ organization may be challenged
based on any of the following grounds:
(a)
failure of the accredited employees’ organization to maintain the
support of the majority of the rank-and-file employees after one (1) year from
the issuance of its certificate of accreditation, subject to the contract-bar
rule under Section 3(d), Rule IX of these Rules; or
(b)
failure of the accredited employees’ organization to submit a CNA
proposal to management, pursuant to the preceding section.
Section 14. Petition
to challenge accreditation. -
(a)
Who may file. – Any registered employees’ organization or at
least 20% of the rank-and-file employees within the negotiating unit may file a
petition challenging the accreditation of an employees’ organization;
(b)
Form and contents of the petition. - The petition shall be in writing and
shall be verified under oath by the president of the petitioner employees’
organization or at least twenty percent (20%) of the rank-and-file in the
negotiating unit. The petition shall contain, among others, the following:
1) name/s and address/es and other necessary
circumstances relating to the petitioner/s;
2) name and address of the agency where the
negotiating unit belongs;
3) name of the accredited employees’
organization; and,
4) the bases for the challenge.
(c)
Procedure. – The petitioner shall file at least two (2) copies of the petition
and other supporting documents with the CSC-PRO. Upon receipt of the petition,
CSC-PRO shall evaluate the same and determine its completeness in form and
contents. Where the petition is found complete in form and contents, the
CSC-PRO shall immediately require the accredited employees’ organization to
comment on the said petition within ten (10) calendar days from receipt
thereof. The CSC-PRO may deny outright an incomplete petition challenging the
accreditation of an employees’ organization.
The CSC-PRO shall
evaluate the merits of the petition and the comments of the accredited
employees’ organization. A denial of the petition may be appealed to the
Council within ten (10) calendar days from receipt thereof. If the petition is
found to be meritorious, the CSC-PRO shall forward to the Council the complete
records and its findings and recommendations.
(d) Revocation
or filing of petition to conduct certification election. - The Council may
either order the CSC-PRO to revoke the accreditation of the employees’
organization and delete its name in the roster of accredited employees’
organizations or direct the parties to file a petition for the conduct of a
certification election subject to the provisions of Rule IX.
RULE IX
Section 1. Certification election; Who may file.
– Subject to the provisions of this Rule, certification election proceedings
may be initiated through a petition for certification election filed by any registered employees’
organization or the management when requested to negotiate collectively by a
registered employees’ organization.
Section 2. Where to file. – A
petition for certification election shall be filed with the DOLE-BLR. Where the petition is
filed with the DOLE or CSC Regional Office, it shall forward the same to the DOLE-BLR within three (3)
calendar days from receipt thereof.
Section 3. When to file. -
A petition for certification election may be filed anytime, except:
(a)
when a certificate of accreditation has been issued or a certification
or run-off election has been conducted within the negotiating unit within one
(1) year prior to the filing of the petition for certification election.
In case an appeal
has been filed from the Order of the DOLE-BLR certifying the results of
the election, the running of the one (1) year period shall be suspended until
the decision on the appeal has become final and executory;
(b)
when an accredited employees’ organization has commenced negotiations in
good faith within the one (1) year period prior to the filing of the petition
for certification election;
(c)
when a negotiation deadlock to which an accredited employees’
organization is a party has been submitted to conciliation/arbitration; and,
(d)
when a CNA has been registered in accordance with these Rules, unless
the petition for certification election is filed within the 60-day freedom
period.
Section 4. Form and contents of
petition. – The petition shall be in writing and verified under oath by the president of the
employees’ organization,
or the head of the
agency/authorized representative. It
shall contain, among others, the following:
(a) the name and address of
petitioner, the employees’ organization registration number and date of
registration;
(b) the name and address of the
management where the negotiating unit sought to be represented belongs;
(c) the description of the
negotiating unit sought to be represented and the approximate number of
employees covered therein;
(d) the names and addresses of
other registered employees’ organizations in the organizational unit; and,
(e) in case there is an
accredited employees’ organization -- that the petitioner has attached the signatures of at least twenty (20%)
percent of all the employees in the negotiating unit supporting the filing of
the petition.
(f) a statement indicating any of the following
circumstances:
1) if there
exists a registered CNA in the organizational unit -- that the petition is
filed within the sixty-day freedom period of such agreement; or
2) if an employees’
organization accredited in accordance with these Rules failed to register a CNA
with the CSC-PRO -- that the petition is filed after one (1) year from the
issuance of the Certificate of Accreditation.
Section 5. Assignment of the case. – Within twenty-four (24) hours
from receipt of the petition, the DOLE-BLR Director shall assign the
case to a Med-Arbiter for conciliation and hearings. The Med-Arbiter shall
cause the immediate posting of the date and time of the initial hearing and a
copy of the petition in two (2) conspicuous places in the agency and its
regional offices/branches, if any, where the petitioner employees’ organization
seeks to operate. The Med-Arbiter shall, likewise, issue the summons to all
parties named in the petition, indicating the date of the first hearing and
ordering the parties to appear therein.
Section 6. Forced
Intervenor. – The incumbent accredited employees’ organization shall
automatically be one of the choices in the certification election.
Section 7. Motion
for intervention; When proper. – Any registered employees’ organization
other than the incumbent accredited employees’ organization operating within
the same organizational unit may file a motion for intervention anytime before
the DOLE-BLR’s issuance of its decision granting or denying the petition
for certification election. The form and contents of the motion shall be the
same as that of a petition for certification election.
Section 8. Preliminary
conference; Purpose. - The Med-Arbiter shall conduct a preliminary
conference within twenty (20) calendar days from receipt of the petition to
determine the following:
(a)
the negotiating unit to be represented;
(b)
existing registered employees’ organizations within the negotiating
unit;
(c)
existence of any of the bars to a certification election under Section 3
of this Rule; and,
(d)
such other matters as may be relevant for the final disposition of the
case.
Section 9. Position
paper. - Within a non-extendible period of ten (10) calendar days from the
date of the preliminary conference, the Med-Arbiter may direct the parties to
simultaneously submit their respective position papers. The position paper
shall be limited to the issues identified during the preliminary conference and
shall include arguments and evidence as the parties may deem relevant to the
disposition of the petition. All issues, arguments, and evidence not presented
during the preliminary conference are deemed waived.
Section
10. Failure to appear despite notice.
– The failure of any party to appear in the preliminary conference despite
notice or to file the position paper shall be deemed a waiver of the right to
be heard.
Section
11. Issuance of an Order on the petition. – Within ten (10) calendar
days from the expiration of the period for the submission of the position
paper, the DOLE-BLR shall issue an Order granting or denying the
petition. In no case, however, shall an
Order be issued during the freedom period.
The Order granting
the conduct of a certification election shall state the following:
(a)
the name of the agency;
(b)
the description of the negotiating unit;
(c)
a statement that none of the bars to a certification election exists;
(d)
the names of the contending employees’ organization/s in the order in
which their petitions were filed, and the forced intervenor, if any; and,
(e)
a directive to the agency and the contending employees’ organization(s)
to submit within ten (10) calendar days from receipt of the Order, a certified
list of employees in the organizational unit and a certified true copy of the
latest payroll prior to the issuance of the Order.
Section 12. Finality of the decision.
–
(a) The Order granting
the petition for certification election is final and executory and not subject
to appeal. An express statement to this
effect must be included in the order.
(b) The Order denying
the petition for certification election is subject to appeal within ten (10)
calendar days from receipt thereof, which must be so stated in the order.
A denial of a petition for certification
election shall be without prejudice to the filing of another petition for
certification election or a petition for accreditation if none of the bars
under Section 3 of this Rule exists.
Section 13.
Appeal. - The Order denying the petition for certification election may be
appealed to the Council through the DOLE-BLR within ten (10) calendar
days from receipt thereof. The memorandum of appeal shall state the specific
ground/s relied upon by the appellant with the supporting arguments and
evidence and shall be under oath. The appeal shall not be entertained unless
accompanied by proof of service to the appellee/s.
Section 14.
Period to reply. - Within ten (10) calendar days from receipt of the
memorandum of appeal, a reply to the appeal may be filed with the Council.
Section 15. Decision
of the Council. - The Council shall decide on the appeal within forty-five
(45) calendar days from the expiration of the period to reply. No motion
for reconsideration shall be entertained by the Council.
RULE X
CONDUCT OF
CERTIFICATION ELECTION
Section 1. Pre-election
conference. – Within twenty-four (24) hours upon receipt of the records
from the DOLE-BLR Director, the designated Election Officer shall issue the
notice of pre-election conference to the contending registered employees’
organizations and management. The
pre-election conference shall be scheduled by the election officer within ten
(10) calendar days upon receipt of the records.
The pre-election
conference shall set the mechanics and guidelines for the election and shall
determine the following:
(a) list of eligible voters;
(b) date, time and place of the
election and canvass of the votes;
(c) names of watchers and
representatives;
(d) number and location of polling
places or booths;
(e) number of ballots to be
prepared;
(f) date, time and place of
consolidation of votes, if necessary; and,
(g) such other matters that may
aid the orderly conduct of the election.
Section 2.
Waiver of the right to be heard. – The failure of a party to appear in any
pre-election conference despite notice shall be considered a waiver of the
right to be present and to question any of the agreements reached in the said
pre-election conference. Nothing herein
shall, however, deprive the absent party of its right to be furnished notices
of subsequent pre-election conferences and to attend the same.
Section 3. Minutes
of pre-election conference. – The Election Officer shall keep the minutes
of matters raised and agreed upon during the pre-election conference. The parties shall acknowledge the
completeness and correctness of the entries in the minutes by affixing their
signatures thereon. Where any of the
parties refuse to sign the minutes, the Election Officer shall require such
party to indicate the reason/s for refusal and to initial the same. In all cases, the parties shall be furnished
copies of the minutes.
The pre-election
conference shall be completed within thirty (30) calendar days from the date of
the first meeting.
Section 4. Qualification
of voters; Inclusion-exclusion. – All employees who are members of the
negotiating unit sought to be represented by the petitioner at the time of the
filing of the petition for certification election are eligible to vote.
Employees whose employment had been severed at the time of the certification
election and whose dismissal has not attained finality at the time of the
election shall also be eligible to vote.
All contested voters shall be
allowed to vote regardless of any disagreement over the voters’ list or over
the eligibility of voters. The votes of the contested voters shall, however, be
segregated and sealed in individual envelopes in accordance with Sections 12
and 13 of this Rule. Objections to the
eligibility of voters shall be considered as a pre-election protest to be
resolved after the conduct of the certification election.
Section 5. Posting of notices. – The Election Officer shall cause the
posting of the notice of election at least seven (7) calendar days before the
actual date of the election. The posting shall be in two (2) conspicuous places
at the principal address of the agency and in its regional offices/branches, if
any, where members of the organizational unit are located. The notice shall contain the following:
(a)
date and time of the certification election;
(b)
names of all contending employees’ organizations;
(c)
description of the organizational unit; and,
(d)
list of eligible and challenged voters.
The posting of the
notice of election, the information required to be included therein and the
duration of posting cannot be waived by the contending employees’ organizations
or the agency.
Section 6. Secrecy
and sanctity of the ballot. – To ensure secrecy of the ballot, the Election
Officer, together with the authorized representatives of the contending
employees’ organizations and the agency shall, before the start of the actual
voting, inspect the polling place, the ballot boxes and the polling
booths.
Section 7. Preparation of ballots.
- The Election Officer shall prepare
the ballots in English and Filipino or in the local dialect, corresponding to
the number of voters and a reasonable number of extra ballots. All ballots shall be signed at the back by
the Election Officer and authorized representative of each of the contending
employees’ organizations and agency.
The failure or refusal to sign the ballots shall be considered a waiver
and the Election Officer shall enter the fact of such refusal or failure in the
records of the case, as well as the reason/s for the refusal or failure to
sign.
Section 8. Manner of selection. – Where the voter desires to be represented by
an employees’ organization, a check ( ü) mark must be put
in the space opposite the name of the employees’ organization of choice. If the
voter does not want to be represented by any employees’ organization, the check
( ü) mark must be put in the space opposite “No
employees’ organization”.
Section 9. Spoiled ballot. - A ballot is considered spoiled if it is
torn, defaced or left unfilled in such manner as to create doubt or confusion
or to identify the voter. If the voter
inadvertently spoils a ballot, the same shall be returned to the Election
Officer who shall destroy it in the presence of all concerned parties. Another
ballot shall then be given to the voter.
Section 10. Conduct
of election. – The election precincts shall be opened and closed at a date
and time agreed upon by all the parties during the pre-election
conference. Failure of any party to
appear during the election proceedings shall be considered a waiver to be
present and to question the conduct thereof.
Section 11. On-the-spot questions. – The Election
Officer shall rule on any question raised during the conduct of the election,
except on any of the grounds challenging the votes as specified in the
immediately succeeding section.
Section 12. Challenge
of voter’s eligibility. – Only an authorized representative of any of the
contending employees’ organizations may challenge a vote before it is deposited
in the ballot box on any of the following grounds:
(a)
that there is no employer-employee relationship between the voter and
the agency; and,
(b)
that the voter is not a member of the appropriate organizational unit.
Section
13. Procedure to challenge voter’s
eligibility. – When a vote is challenged, the Election Officer shall place
the ballot in an envelope, which shall be sealed in the presence of the voter
and the authorized representatives of the contending employees’ organizations
and management. The Election Officer
shall indicate on the sealed envelope, the name of the voter, the employees’
organization or the agency challenging the vote and the ground/s in challenging
the same. The sealed envelope shall be
signed by the Election Officer and the authorized representatives of the
contending employees’ organizations and management.
After
all the envelopes have been opened, the question of the eligibility of the
voter/s shall be passed upon only if the number of segregated voters will
materially alter the results of the election. The Election Officer shall note
all challenges in the minutes of the election.
Section 14. Canvassing of votes. – The opening
and canvassing of votes shall proceed immediately after the election precincts
have closed. The votes shall be counted and tabulated by the Election Officer
in the presence of the authorized representatives of the contending employees’
organizations. After the canvass has
been completed, the Election Officer shall give each authorized representative
a copy of the minutes of the election proceedings and results.
The ballots and
the tally sheets shall be sealed in an envelope and signed by the Election
Officer and the authorized representatives of the contending employees’
organizations. The same shall be transmitted to the DOLE-BLR, together
with the minutes and results of the election, within twenty-four (24) hours
from the completion of the canvass.
Where the election
was conducted in more than one (1) region, the Election Officer shall
consolidate the results within twenty (20) calendar days from the date of the
election.
Section 15. Failure
of election. – The Election Officer
shall declare a failure of election where the number of votes cast in a
certification election is less than the majority of the number of eligible
voters.
The
failure of election shall be indicated in the minutes of the election
proceedings.
Section
16. Effect of a failure of election. – A failure of election shall not
bar the filing of a motion for the immediate holding of another certification
election within three (3) months from the date of the declaration of a failure
of election; provided, that only one (1) certification election shall be
conducted by the DOLE-BLR after a failure of the first certification election.
Within twenty-four (24) hours from receipt of the motion, the Election Officer shall schedule the conduct of another certification election within fifteen (15) calendar days from receipt of such motion. The notice of the certification election shall be posted in two (2) most conspicuous places at the principal address of the agency and all its offices/branches, if any, at least five (5) calendar days prior to the scheduled date of the election. The same guidelines and list of voters in the prior election shall be used.
Section 17.
Protest; Grounds. – Any contending employees’ organization or management
may file a protest based on the following ground/s:
(a) irregularity in the conduct of
the election; or
(b) interlocutory issues in the
certification election.
The ground/s for
protest shall be raised and recorded in the minutes of the election
proceedings. Any ground/s not so raised
and recorded is/are deemed waived.
The protest must
be filed with the DOLE-BLR, stating therein the specific grounds,
arguments and evidence relied upon, within five (5) calendar days after the
close of the election proceedings. If
the protest is not recorded in the minutes and filed within the prescribed
period, it shall be deemed dropped.
The
protest shall be considered submitted for resolution upon submission of the
position paper or upon expiration of the period within which to file the same,
whichever comes earlier. The DOLE-BLR
shall decide on the protest within thirty (30) calendar days from the date that
it was submitted for resolution and shall certify the results of the election.
Where the election was tainted by
widespread and rampant fraud or disenfranchisement affecting a majority of
eligible voters, a decision nullifying the election, which shall include an
order to conduct a new election, shall be rendered.
The decision shall
become final and executory after ten (10) calendar days from receipt thereof by
the parties, if no appeal to the Council has been filed within the said
period. The provisions of Section 2,
Rule XX of these Rules shall govern appeals from the decision of the DOLE-BLR
to the Council.
Section 18. Proclamation and certification of the
exclusive negotiating agent. – The Election Officer shall transmit the
records of the election proceedings to the DOLE-BLR
within twenty-four (24) hours from the canvass of votes. The DOLE-BLR shall, within
twenty-four (24) hours from receipt of the records, issue an Order certifying
the results of the election. The employees’ organization that obtained a
majority of the valid votes cast in the subject appropriate organizational unit
shall be proclaimed the winner under any of the following conditions:
(a)
no protest was filed; or
(b)
if a protest was filed, the same
was not perfected within the five (5) calendar day period; or
(c)
no challenge or eligibility
issue was raised; or
(d)
even if a challenge or
eligibility issue was raised, the resolution of the same will not materially
alter the results of the elections.
Where the choice
of “No employees’ organization” obtained the majority of the valid votes cast,
the DOLE-BLR shall declare such fact in the Order.
Section
19. Transmittal of the certified election results. – The DOLE-BLR
shall transmit the Order certifying the election results to the CSC within
three (3) calendar days upon issuance thereof.
Section
20. Issuance of CSC Certificate of Accreditation. - Upon receipt of the
DOLE-BLR Order, the CSC shall, within three (3) calendar days, issue a
Certificate of Accreditation.
Thereafter, the winning employees’ organization shall have the rights,
privileges and obligations of a duly certified collective negotiating agent
from the time the certificate is issued.
RULE XI
RUN-OFF ELECTIONS
Section 1. When to conduct. – The Election Officer shall conduct a
run-off election between registered employees’ organizations receiving the two
(2) highest number of votes in a certification election which provided for
three (3) or more choices, but none of the three (3) or more choices received a
majority of the valid votes cast; provided, that the total number of votes for
all contending employees’ organizations is at least fifty percent (50%) of the
number of votes cast. “No employees’ organization” shall not be a choice in the
run-off election.
The run-off
election shall be conducted within ten (10) calendar days from the close of the
certification election proceedings.
The
notice for the conduct of a run-off election shall be posted by the Election
Officer in two (2) most conspicuous places at the principal address of the
agency and all its offices/branches, if any, at least seven (7) calendar days
before the actual date of the run-off election.
Section
2. Eligible voters. – The list
of voters used in the certification election shall likewise be used in the
run-off election. The ballots in the
run-off election shall indicate as choices, the employees’ organizations
receiving the highest and second highest number of the votes cast. The employees’ organization receiving the
greater number of valid votes cast shall be certified as the winner.
RULE XII
COLLECTIVE NEGOTIATIONS
Section 1. Subject of negotiation. - Terms and conditions of
employment or improvements thereof, except those that are fixed by law, may be
the subject of negotiation.
Section 2. Negotiable matters. - The following concerns may be the
subject of negotiation between the management and the accredited employees’
organization:
(a)
schedule of vacation and other leaves;
(b)
personnel growth and development;
(c)
communication system – internal (lateral and vertical), external;
(d)
work assignment/reassignment/detail/transfer;
(e)
distribution of work load;
(f)
provision for protection and safety;
(g)
provision for facilities for handicapped personnel;
(h)
provision for first aid medical services and supplies;
(i)
physical fitness program;
(j)
provision for family planning services for married women;
(k)
annual medical/physical examination;
(l)
recreational, social, athletic and cultural activities and facilities;
(m)
CNA incentive pursuant to PSLMC Resolution No. 4, s. 2002 and Resolution
No. 2, s. 2003; and,
(n)
such other concerns which are not prohibited by law and CSC rules and
regulations.
Section 3. Compensation
matters. - Increases in salary, allowances, travel expenses, and other benefits that are
specifically provided by law are
not negotiable.
Section 4.
Effectivity of CNA. - The CNA shall take effect upon its signing by the
parties and ratification by the majority of the rank-and-file employees in the
negotiating unit.
RULE XIII
REGISTRATION OF
COLLECTIVE NEGOTIATION AGREEMENTS
Section 1. Where
to file. – Within thirty (30) calendar days from the execution of a
Collective Negotiation Agreement (CNA), the parties thereto shall submit to the
CSC-PRO, four (4) signed original copies of the agreement.
Section 2. Requirements for registration. – The CNA must be
accompanied with the following documents, which must be certified under oath by
the secretary of the employees’ organization and attested to by its president:
(a)
a statement that the CNA was posted in at least two (2) most conspicuous
places in the principal address of the agency and in all its regional
offices/branches, if any, at least seven (7) calendar days before its
ratification;
(b)
proof of ratification of the signed CNA by the majority of the employees
in the negotiating unit; and,
(c)
the Certificate of Accreditation issued in favor of the accredited
employees’ organization.
Section 3. Registration fee. – A registration
fee of Five Hundred Pesos (P500.00) or such amount as may be determined by the
Council shall be paid by the employees’ organization.
Section 4. Action on the application. – If the
CSC-PRO finds that the application and its supporting documents are in order,
it shall cause the preparation of a certificate of registration for signature
of the CSC Chairperson within five (5) calendar days from receipt thereof. If
there are deficiencies found, it shall notify the applicant-employees’
organization of such deficiencies within five (5) calendar days from receipt of
the application. The applicant-employees’ organization has ten (10) calendar
days from receipt of the notice to submit the lacking requirements, otherwise
the application for registration shall be denied, without prejudice to its
re-filing.
Section 5. Duty of CSC-PRO. – Simultaneous to
the issuance of the certificate of registration, the CSC-PRO shall point out
the provisions in the agreement which are non-negotiable, hence unenforceable,
despite the registration of the agreement.
Section 6. Effects of registration. – Upon issuance of the
certificate of registration, no petition questioning the majority status of the
incumbent exclusive collective negotiation representative shall be entertained.
Neither shall a certification election be conducted by the DOLE-BLR nor shall a certificate
of accreditation be issued by the CSC-PRO outside the freedom period.
Section 7. Exceptions to the
contract-bar rule. – The registration of the CNA shall not constitute a bar
to a certification election after a finding by the CSC-PRO that the supporting
documents for registration were fraudulent, falsified or tainted with
misrepresentation. In such a case, the CSC-PRO shall order the cancellation of
the registration of the CNA.
The registration of the CNA will not
validate any provision in the agreement which is contrary to law, morals, good
customs, public policy or public order.
Section 8. Appeal. – The decision of the CSC-PRO
to cancel the registration of the CNA may be appealed to the Council on the
ground of grave abuse of discretion within ten (10) calendar days from receipt
of the parties of a copy thereof. The
Council shall have sixty (60) calendar days within which to resolve the appeal.
The decision of the Council shall be final and executory unless a motion for
reconsideration is filed within ten (10) calendar days from receipt of such
decision. Only one motion for reconsideration shall be entertained.
Section
1. Coverage. - This Rule shall apply to all employees’
organization-related issues not governed by the Civil Service Law, rules and
regulations on grievance machinery.
The grievance
procedure outlined in the CNA shall be strictly followed.
Section 2. Policies.
- In the resolution of grievances undeer this Rule, the following policies shall
be observed:
(a) Grievances between officials
and the employees’ organization shall be addressed through the grievance
machinery;
(b) A grievance, whether presented
verbally or in writing, shall be resolved expeditiously at the lowest level
possible in the agency; and,
(c) Grievance proceedings shall
not be bound by legal rules and technicalities.
Section 1. Central registry.
– The DOLE-BLR shall be the central registry of registered employees’
organizations, while the CSC-PRO shall be the central registry of accredited
employees’ organizations and registered CNAs.
Section 2. Transmittal of
registration documents - Within three (3) calendar days from the issuance
of the certificate of registration of an employees’ organization, the DOLE-BLR
shall transmit to the CSC-PRO a duplicate original copy of the application for
registration, its supporting documents and certificate of registration.
Section
3. Transmittal of CNA documents. – Within three (3) calendar days from
the issuance of the certificate of registration of a CNA, the CSC-PRO shall
transmit to the DOLE-BLR a duplicate original copy of the application for
registration, its supporting documents and certificate of registration.
UNFAIR
LABOR-MANAGEMENT PRACTICES
Section 1. On
the part of the agency.- The following shall constitute unfair
labor-management practices on the part of the agency:
(a)
interfering with, restraining, or coercing employees in the exercise of
their right to self-organization;
(b)
requiring as a condition of employment that an employee shall not form
or join an employees’ organization or shall withdraw from one to which he/she belongs;
(c)
discriminating in regard to work schedules, places of assignment and
other terms and conditions of employment in order to encourage or discourage
membership in any employees’ organization;
(d)
terminating the services or discriminating against any employee for
having signed or filed an affidavit, petition or complaint or given any
information or testimony against the head of the agency or members of top
management;
(e)
refusing to collectively negotiate in good faith with the accredited
employees’ organization;
(f)
violating any of the provisions of the Collective Negotiation Agreement;
(g)
refusing to comply with the provisions of the Conciliation Agreement
signed with the registered and/or accredited employees’ organization and
attested by the CSC-PRO or other CSC authorized representative; and,
(h)
other analogous acts as may be determined by the PSLMC;
Section 2. On
the part of the employees’ organization. – The following shall constitute
unfair labor-management practices on the part of the employees’ organization:
(a) restraining or coercing any
employee to form or join an employees’ organization or its activities;
(b) causing or attempting to cause
the agency head or other officers to discriminate against an employee who has
not joined or has withdrawn membership from the employees’ organization;
(c) refusing to collectively
negotiate in good faith with management;
(d)
violating any of the provisions of the Collective Negotiation Agreement;
(e)
refusing to comply with the provisions of the Conciliation Agreement
signed with management and attested by the CSC-PRO or other CSC authorized
representative; and,
(f) other analogous acts as may be determined by
the PSLMC.
The heads of offices and other officers of the agency as well as
officers and members of an employees’ organization, who participate in or
authorize an unfair labor-management practice shall be held administratively
liable for conduct prejudicial to the best interest of the service or such
other administrative offenses as maybe warranted.
Section 1. Exhaustion of administrative remedies; Exceptions. –
Disputes between and among members of the employees’ organization shall be
resolved through the dispute resolution mechanism provided in the
organization’s constitution and by-laws.
No complaint arising from a dispute between and among members of the
employees’ organization shall be entertained without exhausting
intra-employees’ organization remedies, unless any of the following
circumstances exist:
(a)
exhaustion of remedies within the organization would amount to a denial
of justice; and,
(b)
futility of intra-employees’ organization remedies.
Section 2. Complaint;
Who may file. - At least thirty percent (30%) of the members of a
registered employees’ organization or any directly affected member may file a
complaint with the Council, through the CSC-PRO, for violation of
the constitution and by-laws and the rights and conditions of membership.
Section 3. Contents of complaint. - The complaint shall, among
others, contain the following:
(a) the person or persons charged;
(b) the specific violation/s committed;
(c) the relief/s prayed for; and,
(d) other relevant matters.
Such complaint must be in writing,
under oath, and accompanied by a certificate of non-forum shopping and proof of
service of a copy thereof to the respondent. The petition must show that
pursuant to Section 1 of this Rule, the administrative remedies have been
exhausted.
Section 4. Procedure.
– Disputes shall be settled in accordance with the following procedures:
(a)
Within twenty-four (24) hours from receipt of the complaint, the CSC-PRO
shall explore the possibility of an amicable settlement. For this purpose, a
mandatory conference shall be conducted within ten (10) calendar days from
receipt of the complaint;
(b)
Where no amicable settlement is reached, the CSC-PRO shall proceed to
limit the issues and convince the parties to agree on a stipulation of facts.
In every case, the parties shall sign the minutes of the conference;
(c)
Thereafter, the parties shall be given ten (10) calendar days within
which to submit their respective position papers addressing issues and
consolidating all their arguments and pieces of evidence;
(d)
The CSC-PRO shall make a report of the proceedings, including its
recommendation, which, together with the position papers of the parties, shall
be forwarded to the Council for resolution;
(e)
Where the Council finds that a hearing is necessary, the case shall be
assigned to any one of its member-agencies;
The
member-agency to which the case has been assigned shall deputize a Hearing
Officer who shall conduct hearings, summon the parties and their witnesses,
administer oaths and resolve the issues involved in the case. The hearing shall be terminated not later
than ninety (90) calendar days from the date of the first hearing. Thereafter, a report together with the draft
resolution, shall be submitted by the deputized hearing officer to the Council,
not later than thirty (30) calendar days from the submission of the case for
resolution.
The report shall
set forth the findings of fact, conclusions of law and recommendations. The
hearing officer shall likewise attach to the report all documents, papers and
other relevant pieces of evidence, which shall be numbered in a chronological
order.
(f)
The Council shall render a decision on the complaint or petition within
forty-five (45) calendar days from receipt of the report of the deputized
hearing officer. The decision shall be in writing and shall clearly state the
facts and the law upon which it is based; and,
(g)
The decision of the Council shall be final and executory, unless a
motion for reconsideration is filed within ten (10) calendar days from receipt
of such decision. Only one (1) motion for reconsideration shall be entertained.
Section 5. Petition
for the conduct of election of officers; When filed – Where the terms of
the officers of an employees’ organization have expired and its officers failed
to call for an election of new officers, at least thirty percent (30%) of the
members of the employees’ organization may file a petition for the conduct of
election of their officers with the Council.
The preceding paragraph shall also apply
where the conduct of an election of officers is a necessary consequence of a
petition for nullification of election of officers, impeachment/expulsion of
officers, or such other petitions.
Section 6. Formal
requirements and proceedings. – The formal requirements, processes and
periods of disposition under Rule XVII (A) of these Rules shall apply.
Section 7. Pre-election conference and conduct of
election. – The appointment of an election officer and the procedures and
periods in the conduct of the pre-election conference and election proceedings
prescribed in Rule X of these Rules shall apply in the conduct of a
pre-election conference and election of officers in an employees’ organization.
The provisions of Rule IV of these Rules shall also apply where practicable.
Section 8. Applicability of the provisions of the
constitution and by-laws. – Where the conduct of election of officers is
ordered by the Council, the rules and regulations governing the filing of
candidacies and conduct of election under the constitution and by-laws of the
employees’ organization may be applied in the implementation of the decision,
or new and additional rules may be adopted as agreed upon by the parties.
The entire
proceedings shall be presided by the designated Election Officer, who shall act
as the COMELEC pursuant to the Order for the conduct of an election.
Section 9. Right
of employees’ organization to collect dues and agency fees. – The incumbent
accredited employees’ organization shall continue to be entitled to check-off
and collect dues and agency fees despite the pendency of a representation case,
other inter/intra- employees’ organization disputes or related labor
relations disputes.
Section
10. Where to file. – The
petition for the examination of books of accounts of employees’ organizations
or any complaint with allegations of mishandling, misappropriation or
non-accounting of funds shall be filed with the Council through the CSC-PRO.
Section 11. Procedure.
- The formal requirements and procedurre in the hearing and disposition of
intra-employees’ organization disputes under Rule XVII (A) of these Rules shall
apply.
Section 12. Prescription.
– The right to file a petition for the conduct of an audit or examination of
funds and book of accounts shall prescribe after three (3) years from the date
of submission of the audited annual financial report to the DOLE-BLR or
from the date that the same should have been submitted as required by law,
whichever comes earlier. The employees’ organization, which failed to submit an
annual financial report is subject to audit anytime by the Council.
Section 13. Action on the
petition. – The Council may either grant or deny the petition for the
conduct of an audit.
The
Order of the Council to conduct an audit shall include the appointment of an
Audit Examiner from among the member-agencies with a directive to submit an
audit report within ten (10) calendar days from the termination of the audit.
The said Order is interlocutory and shall not be appealable.
Section 14. Pre-audit conference. – Within
twenty-four (24) hours from receipt of the Order granting the petition for the
conduct of an audit, the Audit Examiner shall summon the parties to a pre-audit
conference to determine and obtain the following:
(a)
sources of funds covered by the audit;
(b)
names and addresses of the banks and financial institutions where the
employees’ organization maintains its account/s;
(c)
bank account statements;
(d)
employees’ organization books of accounts and financial statements;
(e)
disbursement vouchers with supporting receipts, invoices and other
documents;
(f)
income and revenue receipts;
(g)
cash books;
(h)
minutes of the general membership meetings and board meetings; and,
(i)
other relevant matters and documents.
The first
pre-audit conference shall be scheduled within ten (10) calendar days from
receipt by the Audit Examiner of the Order granting the conduct of an audit.
Section 15. Issuance
of subpoena. – The member-agency to which the case is assigned may issue a
subpoena ad testificandum or subpoena duces tecum requiring any
party to appear or bring the required financial documents in a conference or
hearing.
The management
concerned may also be required to issue a certification of dues and other
assessments remitted to the employees’ organization during the period covered
by the audit.
Section 16. Conduct
of audit examination. – Where the books of accounts are submitted by the
parties, the Audit Examiner shall:
(a)
examine the transactions reflected in the disbursement vouchers;
(b)
determine the validity of the supporting documents attached to the
vouchers consistent with the employee organization’s constitution and by-laws,
relevant resolutions, these Rules and PSLMC resolutions;
(c)
trace the recording and posting of the transactions in the disbursement
book; and,
(d)
record findings and observations of all financial transactions.
Where no book/s of
accounts is/are maintained by the officers of the employees’ organization, the
Audit Examiner shall:
(a)
examine the transactions reflected in the disbursement vouchers;
(b)
determine the validity of the supporting documents attached to the
vouchers if they are consistent with the employees’ organization’s constitution
and by-laws, relevant resolutions, these Rules and PSLMC resolutions;
(c)
prepare working papers or worksheet/s;`
(d)
record and post all financial transactions reflected in the cash
vouchers in the working papers or worksheet/s; and,
(e)
record findings and observations of all financial transactions.
The Audit Examiner
shall conduct an inventory of all physical assets acquired by the employees’
organization, if any, and on the basis of such findings, prepare an audited
financial report or statement reflecting the true and correct financial
accounts and balances of the employees’ organization with the relevant annexes.
Section 17. Period
of audit. – The Audit Examiner shall have sixty (60) calendar days from the
first pre-audit conference within which to complete the conduct of audit,
unless the volume of financial records, the period covered by the audit and
other circumstances warrant the extension thereof.
Section 18. Audit report. – The Audit Examiner
shall make a report of the findings to the parties, which shall include the
following:
(a)
name of the employees’ organization;
(b)
names of complainant(s) or petitioner(s) and respondent(s);
(c)
names of the officers of the employees’ organization during the period
covered by the audit report;
(d)
scope of the audit;
(e)
list of documents examined;
(f)
audit methods and procedures adopted; and,
(g)
findings and recommendations.
Section 19. Submission of audit report. – The
audit report shall be submitted by the Audit Examiner to the Council, within
ten - (10) calendar days from the termination of the audit, together with the
entire records of the case and all documents relative to the conduct of the
audit.
Section 20. Decision after audit. – The Council
shall render a decision within thirty -(30) calendar days from receipt of the
audit report.
The decision shall include resolution of all issues raised
by the parties during the conduct
of the audit, and when
warranted, the restitution of employees’ organization funds by the responsible
officer/s.
Section 21. Period of inquiry or examination. – No petition for
examination of the financial and books of accounts as well as other records of
any registered employees’ organization shall be entertained during the freedom
period or within thirty (30) calendar days immediately preceding the date of
the election of officers of the employees’ organization. Any complaint or petition so filed shall be
dismissed by the Council.
Section 1. Conciliation and mediation services; when
rendered. – The CSC-PRO or other CSC authorized representative shall
provide conciliation and mediation services to prevent an impending dispute or
settle an existing one, especially in the following instances:
(a) upon
request of the management, employees’ organization or citizens affected by the
disruption of public service delivery; or
(b) employee
unrest as reported to the CSC; or
(c) when a
notice of strike was erroneously filed; or
(d) any
situation which requires immediate intervention to protect public interest.
Section 2. Identification of issues; Conduct of conciliation and
mediation conferences.- Within twenty-four (24) hours from receipt of the
request or upon notice/knowledge of an impending or existing dispute, the CSC-PRO
or other CSC authorized representative shall call the parties to a conference
to identify the issues to be resolved and exert all efforts to settle the
dispute.
It shall be the duty of the CSC-PRO or other CSC
authorized representative to prepare the minutes of the conference, which shall
include both the resolved and unresolved issues.
Section 3. Obligations of the parties. – The
parties shall participate in good faith in all conferences convened by the
CSC-PRO or other CSC authorized representative. During the proceedings, the
parties shall not perform any act that may disrupt or impede the early
settlement of the dispute.
Section 4. Privileged
communication. – Information and
statements given in confidence during the conference shall be treated as
privileged communication. The CSC-PRO or other CSC authorized representative
shall not testify in any court or body regarding any matter taken up in the
conciliation/mediation proceedings.
Section 5. Nature/Effect of agreement. – Any agreement signed by
the management and the registered and/or accredited employees organization and
attested by the CSC-PRO or other CSC authorized representative which is not
contrary to law, morals, good customs, public policy or public order shall be
binding upon them. Pursuant to Section 1 (g) and Section 2 (e), Rule XVI of
these Rules, refusal by either party to comply with said Conciliation Agreement
shall constitute unfair labor-management practice.
JURISDICTION
Section 1. CSC-PRO Original and
exclusive jurisdiction. - The CSC-PRO shall have original and exclusive
jurisdiction over the following:
(a)
petitions for accreditation;
(b)
petitions challenging accreditation;
(c)
disputes involving eligibility for employees’ organization membership
outside of certification election proceedings; and,
(d)
disputes involving registration or interpretation of CNAs.
Section 2.
DOLE-BLR Original and exclusive jurisdiction. - The DOLE-BLR shall have
original and exclusive jurisdiction over the following:
(a) petitions for certification
election; and,
(b) certification election
protests.
Section 3. Joint
jurisdiction. – Subject to the procedure outlined in Rules 5, 6 and 7
hereof, the CSC-PRO and the DOLE-BLR shall have joint jurisdiction over the
following:
(a)
applications for registration of employees’ organizations;
(b)
disputes involving registration of employees’ organizations; and,
(c)
petitions for cancellation of registration of employees’ organizations.
Section 4. Original and exclusive
jurisdiction of the Council. - The
Council shall have original and exclusive jurisdiction over the following:
(a)
inter- and intra-employees' organization disputes;
(b)
disputes which arise in collective negotiations or when there is a
deadlock resulting therefrom;
(c)
disputes arising from grievances or questions resulting from the
interpretation and implementation of the provisions of the collective negotiation
agreements;
(d)
disputes arising from unfair labor practices
committed by employer/management and/or employees’ organization;
and,
(e)
determination of whether a mass action amounts to a strike.
Section 5. Conditions for the
exercise of jurisdiction. - The Council shall exercise jurisdiction over
cases under the preceding section, provided the following requisites are
present:
(a)
there is a dispute;
(b)
it remains unresolved;
(c)
all available remedies under existing laws, rules, and procedures have
been exhausted;
(d)
either or both of the parties had referred the dispute before the
Council; and,
(e)
the CSC-PRO has certified that the dispute remains unresolved or
irreconcilable.
Section
6. Appellate Jurisdiction of the Council. - Unless otherwise indicated
in these Rules, the Council shall have exclusive appellate jurisdiction over
disputes decided by the CSC-PRO and the DOLE-BLR in the exercise of their
original and exclusive jurisdiction.
RULE XX
PROCEEDINGS BEFORE THE COUNCIL
Section 1. Original and exclusive jurisdiction. -
(a)
All cases falling within the original and exclusive jurisdiction of the
Council enumerated under Section 4, Rule XIX, except inter/intra-employees'
organization disputes, shall be commenced by the filing with the CSC-PRO of a
complaint or petition which shall contain the following:
1) name/s of
complainant/petitioner and respondent;
2) specific violations or
grievances against respondent covered by these Rules;
3) statement that the appropriate
grievance procedure has been exhausted;
3) relief/s prayed
for; and,
4) certificate of
non-forum shopping.
(b)
A complaint or petition sent by mail shall be deemed filed on the date
shown by the postmark on the envelope, which shall be attached to the records
of the case and in case of personal delivery, the date stamped thereon by the
CSC-PRO or by any of the member-agencies.
A complaint or petition filed before a member-agency of the Council
other than the CSC shall be forwarded by the said agency to the CSC-PRO within
five (5) calendar days from receipt thereof;
(c)
Within five (5) calendar days from receipt of the complaint or petition,
the CSC-PRO shall require the respondent to file a responsive pleading within
ten (10) calendar days from receipt of notice. It shall submit to the Council
within ten (10) calendar days from the expiration of the time for the filing of
the responsive pleading, an evaluation report together with the draft
resolution, for its consideration and appropriate action;
(d)
Where the Council finds that a hearing is necessary, the case shall be
assigned to any one of the member-agencies.
The report shall
set forth the findings of fact, conclusions of law and recommendations. The
hearing officer shall likewise attach to the report all documents, papers and
other relevant pieces of evidence, which shall be numbered in a chronological
order;
(e)
The Council shall render a decision on the complaint or petition within
forty-five (45) calendar days from receipt of the report of the deputized
hearing officer. The decision shall be in writing and shall clearly state the
facts and the law upon which it is based;
(f)
The majority of the members of the Council shall constitute a quorum. At
least three (3) concurring votes shall be necessary to render a decision; and,
(g)
The decision of the Council shall be final and executory unless a motion for
reconsideration is filed within ten (10) calendar days from receipt of such
decision. Only one (1) motion for reconsideration shall be entertained.
<
<Section 2. Appellate
Jurisdiction. -
(a)
All cases falling within the appellate jurisdiction of the Council
pursuant to these Rules shall be commenced by the filing of a memorandum of
appeal in six (6) copies with the CSC-PRO or the DOLE-BLR, as the case may be,
within a period of ten (10) calendar days from receipt of the decision. The appellee/s shall be furnished with a
copy of the memorandum of appeal.
5) Names of appellant and
appellee/s;
6) Statement of facts, including
the date of receipt of the assailed decision;
7) Grounds for appeal;
8) Relief prayed for; and,
9) Proof of service to appellee/s.
Failure to comply
with the above-mentioned requirements shall cause the dismissal of the appeal.
(b)
A memorandum of appeal sent by mail shall be deemed filed on the date
shown by the postmark on the envelope, which shall be attached to the records
of the case and in case of personal delivery, the date stamped thereon by the
CSC-PRO or the DOLE-BLR;
(c)
The DOLE-BLR shall transmit to the Council, through the CSC-PRO, the
memorandum of appeal together with the case records within forty-eight (48)
hours from receipt thereof;
(d)
A reply or opposition to the appeal may be filed within ten (10)
calendar days from receipt of the memorandum of appeal;
(e)
Within five (5) calendar days from receipt of the reply or opposition to
the appeal or the expiration of the ten-day period within which to file the
same, the CSC-PRO shall raffle the case to any of the member-agencies. The member-agency that rendered the assailed
decision or is a party to the dispute shall automatically be inhibited;
(f)
Within sixty (60) calendar days from receipt of the records of the case,
the member-agency to which the appeal was assigned shall submit to the Council
a written report setting forth the findings of facts, conclusions of law and
recommendation together with the entire case record;
(g)
At least three (3) concurring votes are required to reach a decision on
the appeal;
(h)
The Council shall render its decision on the appeal within sixty (60)
calendar days from receipt of the report.
The decision shall be in writing and shall clearly state the facts and
the law upon which it is based; and,
(i)
The decision of the Council shall be final and executory unless a motion
for reconsideration is filed within ten (10) calendar days from receipt of such
decision. Only one (1) motion for reconsideration shall be entertained.
RULE XXI
MISCELLANEOUS
PROVISIONS
Section 1. Repealing clause. - All other rules,
regulations, issuances, and circulars or parts thereof which are inconsistent
with the provisions of these Rules are hereby amended, modified, or superseded
accordingly.
Section 2. Transitory provision.
– All applications, petitions, or complaints filed before the effectivity
of these Rules shall be governed by the old rules, regulations, issuances, and
circulars implementing Executive Order No. 180.
Section 3. Separability clause. - If any part or provisions of these Rules
shall be held unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
Section 4.
Effectivity clause. - These Rules shall take effect after fifteen (15)
calendar days from publication in a newspaper of general circulation.
Quezon
City, Philippines, September 28, 2004.
KARINA CONSTANTINO-DAVID
Chairperson, Civil Service Commission
CHAIRPERSON
MANUEL G. IMSON
Acting Secretary, Department of Labor and Employment
VICE-CHAIRPERSON
RAUL M. GONZALEZ JUANITA D. AMATONG
Secretary, Department of Justice Secretary, Department of Finance
MEMBER MEMBER
EMILIA T. BONCODIN
Secretary,
Department of Budget and Management
MEMBER
Attested by:
ATTY. ANICIA
MARASIGAN-DE LIMA
Chairperson, PSLMC
Secretariat
Director IV,
Personnel Relations Office
Civil Service
Commission