The document discusses collective negotiation agreements (CNAs) between public sector unions and management in the Philippines. Some key points: - CNAs are negotiated agreements on terms of employment not fixed by law, like benefits and working conditions. They are registered with the Civil Service Commission. - The negotiation process involves both parties submitting proposals, meeting to discuss issues, and finalizing the CNA for ratification by union members. - CNAs typically cover issues like leaves, transfers, allowances, grievance procedures, and ensure union rights. Items requiring funds are excluded. - Registering the CNA bars challenges to the union's majority representation during its term, usually 3 years. Incent

2. makes government employees aware not only
of their rights but also of their responsibilities
knows not only to make impositions or
demands but also to listen to reason
looks upon Management not as rival but as
partner to social and economic progress
balances its interests with those of the
management and the agency as a whole

3. Mechanism to promote harmonious relationship
between the management and the rank and file.
Force to compel management to observe the
democratic processes relating to merit system.
Factor to influence legislation that will further
protect and uplift employee welfare.
Partner of management in policy formulation as
well as in policy implementation and monitoring.
Watchdog of the people for preventing graft and
corruption.

4. Agent of change in bringing about a more
efficient and effective delivery of public service.
Negotiating Agent for improved terms and
conditions of work, particularly those that are not
fixed by law.
A Union can serve as a conduit for bringing
about the principle of transparency and
accountability in the government sector that
ought to result in improved performance and
service delivery to clients.

5. 1. Independence and Common Purpose
(Are we guided by a common purpose and free from
any influence?)
2. Responsibility and Responsiveness
(Are we responsible for our action and
responsive to the needs of others?)

6. 3. Unity amidst Diversity
(Do we work for unity and peace in the workplace?)
4. Integrity and Honesty
(Do we inspire others by our integrity and
honesty?)

7. The 1987 Constitution
- allowed the private sector to take the lead in
development and to privatize GOCCs
- guarantees the exercise by the workers in the
public sector of the rights to association, collective
bargaining and negotiation and concerted actions
including the right to strike in accordance with law

8. • Section 8, Article III (Bill of Rights)
“The right of the people, including those employed in the
public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be
abridged.”
• Section 2(5), Article IX-B (Constitutional Commission)
The right to self-organization shall not be denied to
government employees.”
1987 Constitution
• Section 3, Article XIII (Social Justice & Human Rights)
“It shall guarantee the right of all workers to self-organization,
collective bargaining and negotiations, peaceful concerted
activities including the right to strike in accordance with law.

9. Executive Order No. 180 – June 1, 1987
(Guidelines for the Exercise of the Right to
Organize of Employees)
Implementing Rules of EO 180
– Sept. 28, 2004 (Rules and Regulations to
Govern the Exercises of the Rights of
Government Employees to Self-Organization)

10. (IRR of EO 180, Article II)
Sec. 5. Government employees shall not be discriminated
against in respect of their employment by reason of their
membership in employees’ organizations or participation in
the normal activities of their organization.
Sec. 6. Government autorities shall not interfere in the
establishment, functioning or administration of government
employees’ organizations through acts designed to place
such organizations under the control of government
authorities.

11. • To foster and promote a noble and enduring
relationship between employees and
management thru the development of
harmonious and sound labor management
practices to attain maximum efficiency in
the public service;
• To improve the welfare and well-being of
workers through better terms and conditions
of employment;

12. • To promote equality of opportunities for all
the workers regardless of sex and creed;
and
• To enlighten and unite workers into one
strong union.
• To protect security of tenure of public
servants;

13. • To conduct normal activities of the employee
organization to enhance employee welfare in relation to
conditions of work, consistent with providing effective
and dependable service to the public;
• To make sure that activities of the employee
organization will not prejudice or disrupt public service;
• To observe existing rules in the use of premises or
facilities of the office;
• To uphold public interest and to act as custodian and
frontliners in the delivery of public service & welfare;
• The terms and conditions of employment in the
government are governed by law and employees therein
shall NOT STRIKE.

14. 1.Creation/Organization of Responsible PSU
It covers the basic concepts in organizing or creating
responsible PSU including the theoretical, legal and other
statutory bases. It also deals with union registration and
accreditation.
2. Conduct/Management of Union Affairs
It focuses on union administration particularly in negotiating
for a collective agreement, managing union resources and
dealing with management.
3. Conflict Resolution
It covers the major types of settling disputes and highlights
the importance of the grievance machinery, alternative dispute
resolution and/or PSLMC resolution. It also includes disputes
via inter and intra-unions.

15. Creation of Union
REGISTRATIONREGISTRATION
ACCREDITATIONACCREDITATION
Crafting of CNA
CNACNA
REGISTRATIONREGISTRATION

16. • To acquire legal personality to enjoy the
rights and privileges granted under E.O. 180.
• To protect the employees’ organization
against question/attack on its existence
collaterally except through an independent
petition for cancellation of its registration.
• To be qualified to be accredited as the sole
and exclusive negotiating agent of its
members.

17. • The recognition by the CSC granting the
registered employees’ organization the
status of being the sole and exclusive
collective negotiating agent.
• The employees’ organization enjoys the
majority support of the rank-and-file in the
agency.

18. The management must recognize the
accredited union as a partner in the policy-
or decision-making especially on matters
affecting the interests of the employees on
terms and conditions of employment that
are not fixed by law such as employees’
welfare, benefits and reasonable working
conditions.

19. It has the responsibility to submit to
management a CNA proposal which has
been approved by the majority of the general
membership within one (1) year from
issuance of the Certificate of Accreditation.
Such proposal must be approved by a
majority of the general membership, copy
furnished the CSC-PRO.

20. An activity whereby the recognized
employees’ association and the
management officials attempt to resolve
conflicting interests/differences towards a
collective agreement, thus, sustaining
and possibly enriching their continuing
relationships.

21. Legal Bases
1. Art. III – 1987 Constitution, Section 8
“The right of the people, including those employed
in the public and private sectors, to form unions,
associations, or societies for purposes not contrary
to law shall not be abridged.”

22. 2. Art. XIII – 1987 Constitution, Section 3, par. 2
Legal Bases
“It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to
strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and
decision-making processes affecting their rights and
benefits as may be provided by law.”

23. 3. Art. IX-B - 1987 Constitution, Section 2, par. 5
Legal Bases
“The right to self-organization shall not
be denied to government employees.”

24. • Duty to negotiate collectively;
and
• Good faith negotiation

25. 1. Define clearly the issue(s);
2. Understand the issue(s);
3. Generate a list of solutions;
4. Select solution to the issue(s);
5. Hold the parties concerned accountable for their
actions;
6. Eliminate from negotiations items that are:
a) unnecessary
b) impossible to agree on
7. Defer discussions on items that might create an
impasse, before impasse is reached; and
8. Patience during impasse in negotiation.

26. 1. Composition of Negotiating Panel
Each panel shall be composed of five (5) alternatives. The
names of the members of both parties shall be made
known at least five (5) days before the actual negotiations.
2. Authority to Negotiate
The principal of both parties shall give their respective
negotiating panels the written authority to negotiate and
bind such principals to the matters agreed upon.
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27. 3. Quorum
The presence of at least four (4) members from each panel
shall be sufficient to hold negotiation meetings.
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4. Venue of negotiation
The negotiation meetings shall be held in a neutral place
convenient to both parties (The parties may identify the
specific venue).

28. 5. Time limits and Schedule of meetings
The parties to the CNA shall finish the negotiation not later
than the end of ____________. Negotiation meetings shall
commence not later than five (5) days from the submission
by both parties of their respective proposals. Meetings shall
be held at least three (3) times a week, morning and
afternoon, which may extend in the evening, if necessary.
The parties may agree to hold meetings on a daily basis until
the termination of the agreement.
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6. Postponement
No postponements of scheduled meetings shall be allowed
except on mutual agreement by both negotiating panels. In
no case shall consecutive meetings be postponed at the
instance or request of only one panel. No delays shall be
allowed on the ground that a party needs time to research
or consult /secure an opinion from an outside
source/agency.

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7. Relief from regular duties & responsibilities
The members of the (name of Employee
Association/Union), negotiating panel,
including the members of its Secretariat, shall
be on official business throughout the duration
of the negotiations and they shall be relieved of
all their regular duties and responsibilities.

31. 8. Sequence of Issues for Negotiation
The parties shall first discuss and negotiate
the employee’s political rights and other non-
economic demands. Nothing shall stop the
parties from changing the sequences of issues
or from suspending the discussion of a
particular issue to give way to another.
GROUND RULES in NEGOTIATINGGROUND RULES in NEGOTIATINGSAM
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9. Secretariat
A Secretariat shall be formed to record the
proceedings of the negotiations. The
members of the Secretariat shall be
responsible for the preparation of the minutes
of meetings. Minutes of the meetings shall be
approved and duly signed by both parties.

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10. Expenses
Each party shall bear its own cost for the
preparation of its written proposals and for
other pre-negotiation expenses. Expenses for
the venue, board and lodging and travel as
well as food during the negotiation proper
shall be shouldered by the agency.

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PLE
11. Access to Financial and Other
Records of the Agency
The management shall provide the (name
of Employee Association/Union) with
pertinent audited and verified financial
statements of the agency and other related
documents.

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12. Observers / Alternates
Other officials and employees who wish
to observe the proceedings of the actual
negotiation shall be allowed to do so,
provided that there will be no disruption
of office work.

36. 1. Employees’ union submits a letter to management
requesting:
a) date of initial meeting;
b) management representatives in the
negotiating panel
c) clearance to invite a CSC and/or union
federation representatives
2. Initial meeting between employees’ union and
management and the establishment/formulation
of rules/procedures for negotiation;
3. Employees’ union submits/presents negotiation
proposal to the management;
4. Management submits its response or counter
offer;

37. Collective Negotiating Process
5. Succeeding meeting – negotiation;
6. Summarize areas/concerns which both are in
agreement and those which were not agreed upon
by the panel;
7. Conclude CNA;
8. Post CNA in at least two (2) conspicuous places for
7 days;
9. Ratification by union members of CNA by means of
their signatures;
10. CNA shall be registered with CSC; and
11. Notify management and request the
implementation of the CNA

38. A contract negotiated between an
accredited employees’ organization as the
negotiating unit and the
employer/management on the terms and
conditions of employment and their
improvements that are not fixed by law.

39. • The employer-employee relations will surely
improve;
• There will be definite agenda within which
employer-employee relations could be developed
and there will no longer be one way process – from
top to bottom and nothing else;
• It makes for a responsive and responsible
relationship between the employees and the
management; and
• It is a measure of how one succeeds in the effort to
build genuine, independent and responsible unions
in the public sector.

40. • Only an accredited/recognized union and the employer/
management can enter into a CNA.
• A union can start negotiation after a Certificate of
Accreditation is issued; and within one (1) year, the
union shall submit its CNA proposal to the management.
• Effectivity: Upon its signing by the parties and
ratification by majority of the rank-and-file employees to
be done within 90 calendar days. Otherwise, the
Application for Registration shall be denied.
• A CNA shall in no case have a lifespan of more than
three (3) years.

41. • Schedule of vacation & other leaves;
• Work assignment of pregnant women;
• Personnel growth and development;
• Communication system;
• Provision for protection and safety;
• Provision for facilities for handicapped personnel;
• Provision for family planning services for married women;
• Physical fitness program;
• Work assignment/reassignment/detail/transfer;
• Distribution of workload;
• Recreational, social, athletic & cultural activities & facilities;
• Provision of first aid & medical services & supplies;
• Annual medical/physical examination.
Collective Negotiation Agreement

42. • Increase in salary emoluments
and other allowances not
presently provided by law;
• Facilities requiring capital
outlay;
• Car plan;
• Special hospitalization,
medical/dental services;
• Provident fund;
• Rice, sugar and other
subsidies;
• Travel expenses;
• Increase in retirement benefits
• Appointment;
• Promotion;
• Reclassification/
upgrading of position;
• Revision of
compensation
• Penalties imposed as a
result of disciplinary
actions;
• Selection of personnel to
attend seminars,
trainings, study grants
Those that require
fund appropriation
Those that involve
exercise of
management
prerogative
Collective Negotiation Agreement

43. 1. Declaration of Principles
2. Coverage/Scope of Representation
3. Union Recognition and Security
4. Union Rights and Privileges
5. Management Prerogatives and
Responsibilities and Union Responsibilities
and Accountability
6. Recruitment, Placement and Career
Development
7. Health and Safety
8. Cost-cutting measures

44. 9. Employee Benefits Program
10. Grievance Machinery
11. Dispute Resolution
12. Entirety and Modification Clause
13. Separability Clause
14. Effectivity and Duration
The negotiation of the succeeding CNA,
commonly termed renewal or renegotiation,
within sixty (60) days after the expiration of the
CNA is also agreed upon to form part of this
provision.

45. The process by which the Agreement concluded
between the management and the accredited
employees’ organization is found to have complied
with the documentary requirements and
accordingly issued the corresponding certificate
of registration by the CSC. Such registration shall
be a bar to any petition questioning the majority
status of the accredited employees’ organization
during the term of the Agreement, except within
sixty (60) days before the expiration thereof. The
term of the Agreement shall in no case exceed
three (3) years.

47. The registration of CNA shall not
constitute a bar to certification election
after a finding by the CSC-PRO that the
supporting documents for the
registration were fraudulent, falsified or
tainted with misrepresentation. In such
a case the CSC-PRO shall order the
cancellation of CNA registration.

48. This is a cash incentive in whatever
form…. granted under
PSLMC Resolution No. 04, s. 2002 and
PSLMC Resolution No. 2, s. 2003, or the
rationalized cash incentive granted to the
government employees concerned who
contributed either in productivity or cost
savings in an agency...

49. Coverage:
This may be granted to both management
and rank-and-file employees of agencies,
with approved and successfully implemented
CNAs, in recognition of their efforts in
accomplishing performance targets at lesser
cost, in attaining more efficient and viable
operations through cost-cutting measures and
systems improvement. (DBM Circular No. 2011-
5, s. 2011 and Senate and House of
Representatives Joint Resolution No. 4, s. 2009)

50. Coverage:
 DBM Budget Circular No. 2006-1 provides
that CNA Incentive may be extended to rank-
and-file co-terminous and highly confidential
employees and those whose appointments are
temporary, contractual, or casual in nature, on
full-time or part-time basis, who contributed to
agency productivity and implementation of cost-
cutting measures identified in the CNA, provided
they are assessed and have paid the
corresponding agency fees.

51. Source:
The incentive shall be sourced solely from savings
generated as a result of the cost-cutting
measures/systems of improvement agreed upon
by the union/association and the agency
management. Hence, the incentive cannot be
given upon signing of the agreement by the
parties, otherwise, it will partake of the nature of a
signing bonus.

52. Signing Bonus has been declared
illegal by the Supreme Court in Social
Security System vs. Commission on
Audit, 384 SCRA 548, as a form of
additional compensation prohibited
under the 1987 Philippine Constitution.

53. • Their normal activities shall be done in such a manner
that will enhance welfare, in relation to conditions of
work, consistent with the duty of government to provide
effective and dependable service to the public.
• Their activities shalll not prejudice/disrupt public service.
• The premises and/or facilities may be availed of subject
to existing rules.
• The terms and conditions of employment in the
government are governed by law and employees
therein shall not strike for the purpose of securing
changes thereof.

54. As free and independent organizations,
unions must:
 remain autonomous from the control of
management, the government and any
other entity
 assert and protect the interest of the workers
 ensure not to be beholden to other interest
groups whose principles and objectives run
counter to the organization
 have active members, a competent
leadership, effective structure, working
administrative systems and sufficient funds

55. Thankyou.....Thankyou.....