ALTERNATIVE DISPUTE RESOLUTION {ADR} AND THE GRIEVANCE PROCEDURE IN THE DEPED

ADR System any process or procedure used to resolve a dispute or controversy other than by adjudication of a presiding judge.

What does ADR include?- dispute resolution processes and techniques that fall outside the government judicial process.

4 Types of ADRNegotiationMediationCollaborative LawArbitration

Other Forms of ADRCase EvaluationEarly Neutral EvaluationFamily Group ConferenceNeutral Fact FindingOmbuds

Common Types of Cases in the DepEd Teacher vs Teacher Teacher vs Students Teacher vs Principal/Administrator Administrator vs Administrator Student vs Principal/Administrator Community vs Administrator Community vs Teacher Student vs Student

Types of Disputes covered by D.O. No. 35, s. 2004

Teacher vs Teacher Teacher vs Principal/Administrator Administrator vs Administrator

Basis of D.O. No. 35, s. 2004

CSC Resolution No. 010113, dated January 10, 2002 and implemented through CSC Memorandum Circular No. 2, s. 2001.

Basic Policies of D.O. 35, s. 2004 grievance shall be resolved expeditiously at all times at the lowest possible level.

aggrieved party is assured of freedom.

grievance proceedings not bound by legal rules and technicalities.

equal opportunities for men and women.

Objectives: activate/strengthen the Departments existing grievance machinery

settle grievance at the lowest possible level

provide catalyst for personnel to settle disputes

Scope of D.O. No. 35, s, 2004

The grievance machinery shall apply to all levels of officials and employees in DepEd, including non-career employees whenever applicable.

Grievance refers to a work-related discontentment or dissatisfaction which had been expressed verbally or in writing.

Grievance Machinery a system or method determining/finding best way to address grievance.

Grievable Matters:

non-implementation of policies, practices on economic and financial issues non-implementation of policies which affect employees from recruitment to promotion etc. inadequate physical working condition poor interpersonal relationship protest on appointment other matters

Cases may not be acted upon through the grievance machinery.

disciplinary cases sexual harassment cases union related issues and concerns

The Grievance Procedure

discussion with immediate supervisor appeal to the higher supervisor appeal to the grievance committee appeal to the Office of the DepEd Secretary appeal to the Civil Service Commission

Grievance Committee

Jurisdiction of Grievance Committee

Decision of the Grievance Committee

Composition of the Grievance Committee

a. School Grievance Committeeb. District Grievance Committeec. Schools Division Grievance Committeed. Regional Grievance Committee

Responsibilities of Grievance Committee

Establish its own procedures and strategiesDevelop and implement pro-active measuresConduct continuing information driveConduct dialogues between/among parties involvedDirect the documentation of the grievanceIssue CFAGSubmit a quarterly report

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