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