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COLLECTIVE NEGOTIATION AGREEMENT
OutlineDefinitions of CNASteps in Coming up with a CNAEssential provisions of CNANegotiable/Non- Negotiable MattersSample CNA Ground RulesRegistration of CNA
DEFINITION
1.Art. III, Sec. 8. “The right of the people, including those in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged,
2.Art. IX, Sec. 2(5). “The right to self-organization shall not be denied to government employees;”
3.Art. XIII, Sec. 3. “The state shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all;”
The 1987 Constitution of the Republic of the Philippines grants to government workers the right to form Unions and to collective negotiations in the following provisions:
What makes unions and collective negotiation
agreement exist?
• ACCREDITED EMPLOYEE’S ORGANIZATIONS
• Employees/ management
• Terms and Conditions of employment not fixed by law
Collective Negotiation Agreement
STEPS IN
COMING UP
WITH A CNA
AFTER A CERTIFICATE OF UNION ACCREDITATION IS ISSUED AND WITHIN ONE (1) YEAR, THE UNION SHALL SUBMIT ITS CNA PROPOSAL TO THE MANAGEMENT
When can a union start negotiation with the management?
Drafting of CNA Proposal
Approval and Ratification by the
General Membership
Submission to the
Management
Negotiation between
Management
UnionSigning by the parties
Posting of signed CNA in conspicuous places for 7 days & ratification by the
majority of the rank-in-file employees
ESSENTIAL OF CNA
Declaration of Principles
Coverage/Scope of Presentation
Union Recognition and Security
Union Rights and Privileges
Management Prerogatives &
Responsibilities and Union Responsibilities
& Accountability
Recruitment, Placement and Career
Development
Health and Safety
Cost-Cutting Measures
Employee Benefits Program
Grievance Machinery
Dispute Resolution
Entirety and Modification Clause
Effectivity and Duration
Separability Clause
What may be the subject of
negotiation?
Terms and Conditions of Employment or
Improvements thereof
Except those
that are fixed by
law
Schedule of Vacation and other leaves
Personnel Growth and Development
Communication System- internal (lateral and vertical) & external
Work Assignment/reassignment/detail/transfer
Provision for protection and safety
Provision for facilities for handicapped personnel
Provision for first aid medical services and supply
Physical fitness program
Provision for family planning services for women
Annual medical/physical examination
Recreational, social, athletic and cultural activities and facilities
CNA incentives pursuant to PSLMC Resolution No. 4, s. 2002 and Resolution No. 2, s. 2003
Such other concerns which are not prohibited by law and CSC rules and regulations
EXAMPLES OF
NEGOTIABLE ITEMS
Bulletin Boards and Union Office
Compensatory Time- Off ( Overtime Pay)
Flexitime Work Schedule
Hazard pay
Representation n Committees
Study Leave
Union Time-off
What CAN T be
negotiated?
Increases in Salary
Allowance
Travel Expenses
Other benefits specifically provided by law
EXAMPLES OF
ITEMS
Allowances• Christmas
Grocery Allowance
• Rice Allowance
• Subsistence Allowance
Bonuses• Anniversary
Bonus• Birthday Month
Bonus• Christmas
Bonus/Cash Gift• Loyalty Bonus
Assistance/ Aid/Insurance• Bereavement
Assstance• Death Benefit• Calamity Aid• Insurance
Other Monetary Benefits•Fringe Benefits•Longevity pay•Year-end Benefits•14th month pay
Health Care/Maintenance•Annual Health care Benefit/Hospitalization Assistance
•Medical, dental and Optical health Maintenance program
•Work Connected Injury
Leaves• Chronic
Illness/Disease Leave
• Day-off for travel & Travel leave
• Emergency leave/Special leave Privileges
Others• Employme
nt of next kin
• Housing Program
• Service Vehicle
Sample CNA Ground
Composition of the Negotiating PanelEach Panel shall be composed of five (5) alternativesThe names of the members of both parties shall be made known at least five (5) days before the actual negotiation
Authority to NegotiateThe principal of
both parties shall give their respective
negotiating panels the WRITTEN authority to
negotiate and bind such principals to
the matters agreed upon
QUORUMThe presence of at least four (4) members from each panel
shall be sufficient to hold negotiation meeting
Relief from Regular Duties and ResponsibilitiesThe members of the union
negotiating panel, including the members of its secretariat, shall
be on official business throughout the duration of the negotiation and they shall be relieved of all their regular duties and responsibilities
Time Limits and Schedule of MeetingsNegotiation meeting shall commence not later then five (5) days from the submission of both parties of their respective proposals
Meetings shall be held at
least three (3) times a
week, morning
and afternoon, which may
extend in the evening if necessary
The parties may agree to hold meetings on a
daily basis until the termination
of the agreement
Postponement and Delays
NOT allowed except on mutual
agreement by both negotiation panels
No delays shall be allowed on the ground
that a party needs time to research or consult/ secure an opinion from
an outside source/agency
VENUEThe
negotiation meeting shall be held in a
neutral place convenient to both parties. ( The parties may identify the specific
venues)
Each party shall bear its own cost for the preparation of its written proposals and for other negotiation expenses. Expenses for the venue, board and lodging and travel as well as food during the negotiation proper shall be shouldered by the agency
Access to Financial and
Other Records of the AgencyThe management
shall provide the union with pertinent audited and verified financial statements of the agency and
other related documents.
PROCEEDINGSA secretariat shall be formed to record the proceedings of the negotiations.The members of the secretariat shall be responsible for the preparation of the minutes of meetings. Minutes of the meetings shall be approved and duly signed by both parties.
of for
The parties shall first discuss and negotiate the employee’s political rights and other non-economic demands.Nothing shall stop the parties
from changing the sequences of issues or from suspending the discussion of a particular issue to give way to another.
ObserversOther CSC Officials and employees who wish to
observe the proceedings of the actual negotiation
shall be allowed to do so, provided that there will
be no disruption of office work.
SIGNING
Prohibited and without legal basis
SSS vs. COA, G. R. No. 149240, July 11, 2002
Granted to MANAGEMENT and
rank-in-File employees
With approved and successfully
implemented CNA
CNA
Provision for CNA incentive in the CAN
Source from Agency savings
Are non- members entitled to the CNA benefits?
The union represents not only its members but the entire rank-in file employees in the bargaining unit.
The CNA incentives is available even to non-members subject to the payment
of agency fee.
Effectivity Date of CNAUpon signing by the parties and ratification by the majority of the rank-in-file employees
To be done within 90 days
Duration of CNA
YEARS
UNION REGISTRATION REFERS TO THE PROCESS OF DETERMINING WHETHER THE APPLICATION FOR REGISTRATION OF A LABOR UNION ORGANIZED FOR COLLECTIVE BARGAINING, COMPLIES WITH THE DOCUMENTARY REQUIREMENTS PRESCRIBED UNDER RULE 3 AND 4 OF DOLE DEPARTMENT ORDER NO. 40-03 AND THE RULES IMPLEMENTING BOOK V OF THE LABOR CODE, AS AMENDED.SOME FACTS… (IN REGION 5)• 7 REGISTERED CNAS (ACTIVE)• 108 REGISTERED UNIONS• 40 ACCREDITED UNIONS
Under PD 442 of the Labor Code of the Philippines, as amended, the DOLE is mandated to process the application for registration of labor organizations in order for them to acquire legal personality and to enjoy the rights given to legitimate labor organization.
Process by which the CSC, after an evaluation and
review of the CNA, issues the corresponding certificate
of registration to the accredited employees’
organization
Benefits of RegistrationNo challenge to accreditation.-no petition questioning the majority status of the incumbent exclusive collective negotiation representative shall be entertained.
No certification election shall be conducted by the DOLE-BLR nor a certificate of accreditation be issued by the CSC-Pro outside the freedom period.
SOURCES:
ATTY. DAISY B. PUNZALAN DIRECTOR IIICIVIL SERVICE COMMISSIONREGIONAL OFFICE NO. 5HTTP://WWW.SLIDESHARE.NET/DAISYPBRAGAIS/COLLECTIVE-NEGOTIATION-AGREEMENTHTTP://WWW.BLR.DOLE.GOV.PH/CLIENTS-CORNER/74-UNION-AND-CBA-REGISTRATIONHTTP://WWW.ACCOUNTINGCOACH.COM/BLOG/WAGES-SALARIESHTTP://TAXACCTGCENTER.ORG/FRINGE-BENEFITS-TAX-IN-THE-PHILIPPINES/HTTP://WWW.BUSINESSDICTIONARY.COM/DEFINITION/LONGEVITY-PAY.HTML
Prepared by:Angelita Aller-San
Pascual