Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 350

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
CABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A, MANUEL.

AN ACT
STRENGTHENING THE CONSTITUTIONAL RIGHTS OF GOVERNMENT
EMPLOYEES TO SELF-ORGANIZATION, COLLECTIVE BARGAINING
AND NEGOTIATION AND PEACEFUL CONCERTED ACTIVITIES AND
USE OF VOLUNTARY MODES OF DISPUTE SETTLEMENT

EXPLANATORY NOTE

The Philippines is a State party to 1978 Convention 151 of the International
Labor Organization (ILO). Known as the Labor Relations (Public Service)
Convention, Convention 151 is one of the chief human rights instruments of workers
and employees in the public sector. being strongly founded both in essence and history
on the Universal Declaration of Human Rights of the United Nations (UN UDHR).

Uhe inhumane realities of the labor environment af public school teachers, who
comprise the majority of the bureaucracy. often push them to complain—and with full
truth and legitimate basis: “We are teachers, not carabaos!” “Mga guro-anyonista
kami. hindi terorista!” All too often, their unions and organizations, as well as other
employees in the public sector who only seek to be the voice echoing the rights
interests, and welfare of their fellows in the bureaucracy. and to harness the power of
collective action to gain victories for their sector through unionism. are maligned for
it’ They, and consequently. their unions, are the messengers who are shot for
something which is only pursuant to our Constitution and international law
Unfortunately, “shooting the messenger” sometimes becomes literal. Either way, with
all the red-tagging. terrorist-labelling, extrajudicial killings. trumped-up cases, and
other acts of harassment and vilification, the messages—of just salaries and benefits,


humane working conditions, and ending “endo.” to name a few—are dampened and
chilled to silence. They remain unaddressed, to fester in the coming years.

It is therefore no wonder that the delivery of public services, especially in the
education, health, and social welfare sectors, have suffered. to the detriment of the
general public, especially the poor and marginalized in our society. Partly. it és
because government employees are left to suffer. They remain made to work like
carabaos and treated like criminals, their legitimate issues dismissed

‘The need to protect government emplovees” right of association is as urgent as
sged to protect the government employees t emselvés.

This bill therefore seeks to write into our statute books the protections found in
Convention 151. as well as the Freedom of Association and Protection of the Right to
Organize Convention (Convention 087, 1948). the Right to Organize and Collective
Bargaining Convention (Convention 098, 1949), the Workers” Representatives
Convention and Recommendation (Recommendation 143. 1971), and other
instruments. Major points of this bill are a statement of the right to self-organization,
including the right to peaceful concerted activities and the right to strike, the rights of
organizations. creation of the Public Sector Labor Relations Board, and collective
bargaining and negotiation, among others.

‘The right of public sector unions, their leaders. and members against red-
tagging—a vile act used as a tool to diminish and suppress unions and their legitimate
campaigns—is also expressed. Corresponding penalties for red-tagging and other
violations of the rights protected in this bill are included

This version of the Public Sector Labor Relations Act was borne from House
Bill 2621 of Rep. Raymund Democrito Mendoza during the 18" Congress, after over
several sessions of consultation with representatives of public sector unions in the
education. health, social welfare. and other sectors.

For the foregoing reasons, approval of this bill is earnestly sought,

Rep/ARL. Né& D. BROS. Rep. RAOUL DANNIEL MANUEL
GABRIELA Women’s Party KABATAAN Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills. Quezon City

NINETEENTH CONGRESS.
First Regular Session

HOUSE BILL No._990

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,

GABRIELA Women’s Party Rep. ARLENE D. BROSAS,

and KABATAAN Party-List Rep. RAOUL DANNIE

AN ACT
STRENGTIIENING THE CONSTITUTIONAL RIGHTS OF GOVERNMENT
MPLOYEES TO SELF-ORGANIZATION, COLLECTIVE BARGAINING
AND NEGOTIATION AND PEACEFUL CONCERTED ACTIVITIES AND
USE OF VOLUNTARY MODES OF DISPUTE SETTLEMENT

Be tt enacted in the Senate and the House of Representatives of the Philippines in
Congress assembled:

ARTICLE |
DECLARATION OF POLICY

“TION 1. Title. This Act shall be known as “The Public Sector Labor Relations

SECTION 2. Declaration of Policy. \t is the policy of the State to promote the right
to self-organization of goverment employees. to collective bargaining and
negotiation and peaceful concerted activities including the right to strike in
accordance with the law, and the right to participate in policy and decision-making
processes affecting their rights and benefits. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. Public employees shall have
civil and political rights which are essential for the normal exercise of freedom of
association, subject only to the obligations arising from their status and the nature of
their function.



GENERAL PROVISIONS:

SEC. 3. Coverage. This Act shall apply to all employees in the civil service, covering
all branches, subdivisions, instrumentalities, and agencies of the government,
including government-owned or controlled corporations with or without original
charters. For this purpose, employees covered by this Act shall be referred to as
“employees” or “government employees” or “public sector employees” including job
orders or contract of service employees and those in the barangay.

SEC. 4, Definition of Terms. As used in this Act

(a)

(d)

(0)

Agency refers to any bureau, office, commission. administration. board,
committee, institute, government-owned or controlled corporation with onginal
charter or any other unit of the national government, as well as provincial, city,
municipal government except as hereinafter otherwise provided

Board refers to the Public Service Labor Relations Board established in this
Act.

Certification election refers to the process of determining through secret ballot
the exclusive bargaining representative of the employees in an appropriate
organizational unit for purposes of collective bargaining or negotiation.

Certified exclusive union refers to a duly registered employees’ organization
which has been certified by the Board as the exclusive bargaining and
negotiating representative having majority support of the ageney’s rank-and-
file employees determined through the conduct of a certification election.

Civil service refers to the men and women employed to carry out public
services in all branches, agencies. subdivisions and instrumentalities of the
government including goverment owned or controfled corporation. local
government units, state universities and colleges, and entities and corporations
sequestered by the government

Collective bargaining agreement refers to the negotiated contract at the
organizational unit between a certified exclusive bargaining representative and
the concerned public authority or appropriate authority. including those
negotiated at the sectoral or national levels by sectoral or national federation or
confederations with the concemed public authorities on the terms and
conditions of employment and improvements thereof.

Conciliation-mediation refers © a mode of dispute settlement that brings
together two disputing parties to negotiate a mutually acceptable solution
through a non-litigious, non-adversarial, less expensive and expeditious
mechanism.


(h)

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(k)

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(m)

(n)

(0)

(p)

Confederation refers to the organization of two or more federations as defined
in this Act

Department refers to any of the department in the Executive Branch,

Employee refers to any person in the civil service of whatever category or class
up to division chief level including those who are engaged under different
forms of contractual arrangements in the public service such as job order,
contract of service, or on memorandum of understanding. It also includes those
whose work has ceased in connection with any current employee-management
dispute or unfair labor practice or whose dismissal from the services has not
attained finality.

Entry position refers to the first level position in the career or non-career
service which include clerical, trades, crafts, and custodial service positions
that involve non-professional or sub professional work in a non-supervisory or
supervisory capacity requiring less than four (4) years of collegiate studies.

Federation refers to a duly registered labor organization with at least five (3)
affiliate employees’ organizations, each of which must be a duly certified
exclusive bargaining and negotiating representative in an organizational unit.

Grievance refers to any question or complaint regarding an employee’s
working conditions, relationship or employment status including question or
interpretation or implementation of any of the provisions of the collective
bargaining or negotiation agreement, or interpretation or enforcement of
company personnel policies.

Inter-union dispute refers to any conflict between and among registered
employees” organization or {federation or confederation involving
representation questions for purposes of collective bargaining or negotiation or
representation or to any dispute other than an intra-union dispute as defined in
herein.

Intra-union dispute refers to any conflict between and among employees’
organization’s members, including grievances arising from any violation of the
rights and conditions of membership, violation of or disagreement over any
provision of the constitution and by-laws, or dispute arising from affiliation to
any organization,

Labor dispute includes any controversy or matter concerning terms and
conditions of employment or the association or representation of persons in
negotiating, fixing. maintaining, changing or arranging the terms and
conditions of employment, regardless of whether the party to the dispute stands
in the proximate relation of employer-employee relations.


(q)

()

(s)

(ty

{u)

Labor organization means any duly registered employees’ organization, ot
duly registered federation or confederation of employees’ organizations, or
however they are composed, which exist in whole or in part for the purpose of
collective bargaining or of dealing with the agency or agencies concerning
terms and conditions of employment.

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 or without original charter, and, provinces, cities
and municipalities.

Non-competitive positions may refer to any of the following’

(1) Policy determining position refers to one which vests in the occupant
the power to formulate policies for the government or any of its
agencies, subdivisions, or instrumentalities like that of a member of the
cabinet.

2) Primarily confidential position refers to one where the occupant enjoys
more than the ordinary confidence of the appointing power but bears
such intimacy which relieves the latter from misgiving of betrayal or
personal trust on confidential matters of state like that of a personal
secretary.

(3) Highly technical position refers to one which requires the occupant to
possess skill or training in supreme or superior degree. such as scientists
or legal counsels.

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 or without original charter, provinces: cities:
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 Board

Peaceful concerted activities refer to actions taken by an employees”
organization in relation to a labor dispute which may include submission of
petitions, hanging of streamers, distribution of campaign materials, conduct of
peaceful assembly or wearing of buttons or armed band, and does not include
any form of disruption of public order and safety, or actions that may pose
imminent danger to life, personal safety, or the health of a part of, or the whole


(vy)

(w)

(x)

(y)

()

(aa)

(bb)

(ec)

(dd)

(ee)

population.

Position refers to an occupational title with a defined set of duties and
responsibilities to be performed by an individual cither on a fuil time or part
time basis.

Public authority or appropriate authority refers to an authority which has a
legal mandate to gover, administer a part or aspect of branches, agencies,
subdivisions and instrumentalities of the government including government
owned or controlled corporation, jocal government units, state universities and
colleges, and entities and corporations sequestered by the government.

Red tagging refers to any malicious blacklisting, profiling, surveillance,
portrayal, description, or characterization of any members or officers or public
sector union, federation or confederation, critical against, or not supportive of
the actions, decisions, policies, and issuance of the government in general or
their public employer, or management

Registered union refers to any employees” organization or association duly
registered with the Bureau of Labor Relations (BLR) and includes any branch
or local Chapter thereof.

Social dialogue refers to all types of negotiation, consultation, or simply
exchange of information between or among representatives of government and
employees on issues of common interest or relating to economic and social
policy

Strike refers to any temporary stoppage of work or slow-down by the concerted
action of employees as a result of a labor dispute, as defined in this Act.

Strike-breaker refers to any person who obstructs, impedes, or interferes by
force, violence, correction, threats, or intimidation any peaceful picketing by
employees due to a labor dispute, as defined in this Act.

Strike area refers to the immediate vicinity actually used by picketing
employees in moving to and from before all points of entrance and exit from
the office of the organizational unit or negotiating unit.

Union or employees’ organization refers to a labor organization formed and
operating in an appropriate organizational unit which aim to protect and
promote employees” rights and benefits in accordance with the law.

Union busting refers to any form and range of activities, actions, decisions,
issuances undertaken to constraint. attack, interfere, harass, intimidate,
undermine, disrupt or prevent the organization of public sector union,
federation or confederation from freely functioning in order to place them


under the influence or control of management or their representative, or agent.

(9) Voluntary arbitration refers to the constitutionally mandated preferential mode
of dispute settlement of labor dispute. and as provided under Title VII-A, Book
V of the Labor Code of the Philippines, as amended

(22) Voluntary recognition refers to the process by which a duly registered
employees’ organization is recognized as the exclusive bargaining
representative of the employees in the organizational unit sought to be
represented

ARTICLE HIE
RIGHT TO SELF-ORGANIZATION

SEC. 5. Coverage of the Right to Self-Organization. Ai) workers employed by the
government shall have the right to self-organization and to form. join, or assist
employee organizations, national or sectoral federations or confederations of their
‘own choice for collective bargaining or negotiation and protection of their interests.
Government employees may also participate, in conjunction with appropriate
government authorities, employee management committees, work councils and other
forms of employee participation schemes.

SEC. 6. Limitation on the right to self-organization of employees under different
forms of public service work arrangements, Employees under different forms of
public service work arrangements such as job order, contract of service, or on
memorandum of understanding, or casual, are eligible to join or assist an employees”
organization in the organizational unit’ They however cannot form a separate
employees’ organization of their own in an organized organizational unit.

SEC, 7. Ineligibility of managerial, or employees in positions of trast to join the
rank-and-file union. Managerial or employees in positions of trust shall not be
eligible to join, form or assist any rank-and-file employees” organization. They may.
however. have the right to form or join any: sectoral, national or international
federation or confederation of their choice. Accordingly, when a member is designate
to a position which has been declared primarily confidential or policy determining or
managerial in nature or by law, membership to the rank-and-file employees”
organization shall automatically be deemed suspended for the duration of the
designation.

SEC. 8. Exclusion from the right to self-organization. Members of the Armed
Forces of the Philippines, including police officers and members of the Philippine
National Police having responsibility for the external and internal security of the State
are excluded from the coverage of the right to self-organization. However, members
of the Bureau of Fire Protection and Bureau of Jail Management and Penology not
involved in the administration or security of the State shall enjoy the right to organize.


SEC. 9, Effect of inclusion as members of ineligible or excluded employees in the
rank-and-file organization. The inclusion of ineligible or excluded government
employees, as provided in this Act, in the rank-and-file employees’ organization shall
not be a ground for the cancellation of union registration, but said employ‘
automatically deemed removed from the list of membership of the union,

SEC. 10. Protection of the right to self-organization, No employee shall be
discriminated against by reason of their membership in any employees’ organization
or participation in the exercise of the right to self-organization. Employment in the
civil service shall not be subject to a condition not to join, assist or form an
‘employees’ organizations. It shall be unlawful for any person to restrain, coerce or
interfere with employees” exercise of the right to self- organization

ARTICLE IV
RIGHTS OF A REGISTERED ORGANIZATION
AND RIGHTS AND CONDITIONS OF MEMBERSHIP IN AN
EMPLOYEES’ ORGANIZATION

SEC. 11. Rights of a registered organization, A registered employees’ organization
or federation or confederation shall have the following rights

(a) To act as representative of its members for the purpose of representation, social
dialogue, collective bargaining and negotiations;

(b) To be certified as the exclusive bargaining or negotiating representative of all
employees in an organizational unit in the case of employees’ organization:

(c) To be recognized as the bargaining or negotiating representative of all member-
employees’ organizations for national or sectoral bargaining on matters
pertaining to the welfare and benefits of government employees, in the case of
federation or confederation,

(d) In the case of federations, to issue a charter certificate to chartered employees’
organization as guarantee of its existence and legitimacy to be the exclusive
bargaining or negotiating representative of the organizational unit sought to be
represented subject, however, to submission of the charter certificate and
accompanying application for registration as provided for in this Act,

(e) To own property, real or personal, for the use and benefit of the organization
and its members;

(f) To sue and be sued in its registered name;

(g) To be afforded facilities to enable a certified employees’ organizations to carry
out their functions promptly and efficiently, both during and outside their hours


of work, including union or membership dues payroll deduction, time-off for
union activities without loss of pay or benefits, access to workplaces and
prompt access to management, office spaces and equipment, transportation and
communications, authorization to post organization or trade union notices, right
to attend meetings, and right of assembly;

(h) To undertake all other activities not contrary to law, for the benefit of the
organization and its members; and

(i) Pursuant to the constitutional provision on the right to information and access
to official records, and documents and papers pertaining to official transactions
or decisions as well as government research data used as basis for policy
development, an employees’ organization, federation and confederation shall
have access to public documents which shall include budget and financial
statements.

Notwithstanding any provision of a general or special law to the contrary, the
income and the properties of legitimate employees’ organization or federation or
confederation, including grants, endowments, gifts, donations and contributions they
may receive from fratemal and similar organizations, local or foreign, which are
actually, directly and exclusively used for their lawful purposes, shall be free from
taxes, duties and other assessments. The exemptions provided herein may be
withdrawn only by a special law expressly repealing this provision.

SEC. 12. Rights and conditions of membership in an employees’ organization,
federation or confederation. The following are the rights and conditions of
membership in an employees” organization or federation or confederation:

(a) No arbitrary or excessive initiation fees shall be required of the members nor
shall arbitrary, excessive or oppressive fines and forfeiture be imposed,

(b) | The members shall be entitled to full and detailed reports from their officers
and representatives of all financial transactions as provided for in the
constitution and by-laws of the organization,

(c) The members shall directly elect their officers in the employees” organization,
as well as their national officers in the federation or confederation to which
they are affiliated. No qualification requirement for candidacy to any position
shall be imposed other than membership in good standing in the subject
organization, federation or confederation. The secretary or any other
responsible officer shall furnish the Board with a list of the newly-clected
officers, together with the appointive officers or agents who are entrusted with
the handling of funds within thirty (30) calendar days after the election of
officers or trom the occurrence of any change in the list of officers of the
organization,


(d)

(e)

(f)

(h)

(i)

a

The members shall determine by secret ballot after due deliberation, any
question of major policy affecting the entire membership of the employees’
organization, federation or confederation unless the nature of the organization
or force majeure renders such secret ballot impractical, in which case, the
Board of Directors of the organization may make the decision in behalf of the
general membership;

No person who has been convicted of a crime involving moral turpitude shall
be eligible for election as an officer or for appointment to any position in the
employees” organization, federation or confederation,

No officer, agent or member of the employees’ organization, federation or
confederation shall collect any fees, dues, or other contributions in its behaif or
make any disbursement of its money or funds unless one is duly authorized
pursuant to its constitution and by-laws,

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
entered into the record of the employees’ organization, federation or
confederation to be kept and maintained for the purpose;

The funds of the employees’ organization, federation or confederation 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 duly called for the

purpose:

Every income or revenue of the employees’ organization, federation or
confederation shall be evidenced by a record showing its source, and every
expenditure of its funds shall be evidenced by 2 receipt from the person to the
payment is made, which shall state the date, place and purpose of such
payment. Such record or receipt shall form part of the financial records of the
organization, federation or confederation. Any action involving the funds of
the employees’ organization, federation or confederation shall prescribe after
three (3) years from the date of submission of the annual financial report to the
Board or from the date the same should have been submitted as required by
law, whichever comes earlier: Provided, That this provision shall apply only to
registered employees’ organization or federation or confederation which has
submitted the financial report requirements under this Act: Provided, further,
That failure of any employees’ organization, federation or confederation to
comply with the periodic financial reports required by law and such rules and
regulations promulgated thereunder six (6) months after the effectivity of this
‘Act shall be a ground for disciplinary 30 action against the responsible officers:

The officers shall not be paid any compensation other than the salaries and
expenses due to their positions and shall be specifically provided for in its


(k)

()

(m)

(n)

(0)

constitution and by-laws, or in a written resolution duly authorized by a
majority of all the members at a general membership meeting duly called for
the purpose. The minutes of the meeting and the list of participants and ballots
cast shall be subject to inspection by the Board through the Bureau of Labor
Relations as its duly authorized representatives. Any irregularities in the
approval of the resolutions shall be a ground tor impeachment or expulsion
from the employees’ organization, federation or confederation.

The treasurer and every officer thereof who is responsible for the account of
such organization or for the collection, management. disbursement, custody or
control of the funds, moneys and other properties of the organization, shall
render to the organization and to its members a true and correct account of all
moneys received and paid to the organization since assumption of office or
since the last day on which an account was rendered, and of all bonds,
securities and other properties of the organization entrusted to the treasurer's
custody or control. The rendering of such account shall be made

(1) At least once a year within thirty (30) days after the close of its fiscal
year,

(2) Atsuch other times as may be required by a resolution of the majority of
the members of the organization, and

(3) Upon vacating the office.

The account shall be duly audited and verified by affidavit and a
copy thereof shall be furnished the Secretary of Labor.

The books of accounts and other records of the financial activities shall be open
to inspection by any officer or member thereof during office hours:

No special assessment or other extraordinary fees may be levied upon the
members unless authorized by a written resolution of a majority of all the
members in a general membership meeting duly called for the purpose. The
secretary of the organization shal] 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 to by the president.

Other than for mandatory activities, no special assessments. attorney's fees,
negotiation fees or any other extraordinary fees may be checked off trom 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; and

It shall be the duty of any organization and its officers to inform its members


‘on the provisions of its constitution and by-laws, collective bargaining
agreement, the prevailing labor relations system and all their rights and
obligations under existing laws. For this purpose. reasonable dues to finance
labor relations seminars and other labor education activities may be assessed

ARTICLE V
PUBLIC SERVICE LABOR RELATIONS BOARD (PSLRB)

SEC. 13. Public Sector Labor Relations Board (PSLRB); Composition. The Public
Sector Labor Relations Board (PSLRB), hereinafter referred to as the Board, is hereby
constituted and attached to the Department of Labor and Employment for policy
coordination. It shall implement and administer the provisions of this Act, and shall be
composed of the following,

(a) Duly appointed government representative with rank equivalent to
Undersecretary as fulltime Chairperson.

(b) Duly elected heads of registered federations or confederations, as members:
and

(c) Duly elected sectoral representatives of one (1) each from the national
government agencies (NGAs); government owned or controlled corporations
with or without original charter (GOCCs): local government units (LGUs),
state universities and colleges (SUCs), local universities and colleges, technical
and vocational schools: judiciary. legislative, constitutional bodies, public
school teachers and public health workers, as members,

To help ensure the tree, democratic. inclusive selection and representation of
Board members. there shall be under the National Workers Congress, a National
Couneil of Leaders composed of all presidents of sectoral employees” organizations.
federations and confederations. Regional and Sectoral Councils each for Luzon.
Visayas, Mindanao, and the National Capital Region.

SEC. 14. Original and exclusive jurisdiction of the Board. ‘he Board shall have
original and exclusive jurisdiction to hear and decide the following cases:

(a) Unfair labor practice:
(b) Disputes arising in the course of the conduct of collective negotiations,

(c) Disputes on issues resulting from the interpretation or implementation of the
grievance machinery:

(4) Determination of the presence or absence of a strike

(ec) Disputes on the issues from the interpretation or implementation of the


provisions of collective bargaining agreements;
(£) Violation of the fundamental rights of workers; and
(g) Grave abuse of management prerogatives.

SEC. 15. Appellate jurisdiction of the Board, ‘The Board shall have appellate
jurisdiction on decision or orders of the Bureau of Labor Relations on

(a) Representation issues:
(%) _ Inter- and intra-employees” organization, federation or confederation disputes:

(c) Issues arising from the election or expulsion of officers of employees”
organization, federation or confederation:

(d) Certification election; and
(e) Verification of voluntary recognition.

SEC. 16, Support and assistance of the Civil Service Commission, Department of
Labor and Employment, National Conciliation and Mediation Board and taw
enforcement agencies.

(a) The Board shall have a number of employees as may be necessary. It
shall be supported and assisted by the Civil Service Commission, Department of
Labor and Employment and the National Conciliation and Mediation Board (NCMB)
in the administration of Public Sector Labor Relations.

(b) Specific to the Department of Labor and Employment, the Bureau of
Labor Relations shall continue, pursuant to its existing mandate under Executive
Order 180, series of 1987, and the Labor Code of the Philippines, as amended, to
conduct hearings on inter or intra-union disputes with respect to public sector
organizations, including the registration and cancellation of registration of employees”
organization, federation or confederation. The decision of the Bureau shall be
appealable to the Board within fifteen (15) calendar days from the date of receipt
thereof by the parties.

(c) | With respect to the National Conciliation and Mediation Board, an
attached agency to the Department of Labor and Employment, it shall. for purposes of
this Act, create a conciliation-mediation unit and personnel that shall take cognizance
of public sector concerns for conciliation-mediation services whether individual or
disputes arising from collective bargaining negotiations or interpretations. Unless
there is a need for adjustments, the existing guidelines on conciliation-mediation
services shall be observed.


Further, a unit for public sector labor relations disputes shall be created from
the existing voluntary arbitration system administered by the National Conciliation
and Mediation Board as established pursuant to Title VII-A, Book V of the Labor
Code of the Philippines. as amended, to take cognizance of disputes such as unfair
labor practice or assumed cases by the Board or any other cases that the parties may
opt to submit to voluntary arbitration subject to existing guidelines and schedule of
fees. The Board, however, at its option, may directly conduct voluntary arbitration.
Any national or local law enforcement agency or instrumentality of the government
may be tapped by the Board to act under its direct and immediate supervision, to
enforce and execute its decision, orders. and rulings.

SEC. 17. Writ of Preliminary Injunction or Temporary Restraining Order, The
Board may issue a write of preliminary injunction or temporary restraining order
when, on the basis of the allegations in the petition, it is established that the acts
indieated in the complaint involve or is arising from an employee-management
dispute, if not restrained, will cause grave or irreparable injury to any party or render
ineffectual any decision in favor of such party. The Board shall require the petitioner
to post a bond and the writ of preliminary injunction or temporary restraining order
shall become effective only upon approval of the bond which shal! answer for any
damage that may be suffered by the party enjoined if it is finally determined that the
petitioner is not entitled to the ancillary relief prayed for

SEC. 18. Issuance of Subpoenas. The Board shall have the power to require the
appearance of any person or the production of any paper, document or matter relevant
to a labor dispute under its jurisdiction, either at the request of any interested party or
at its own initiative

SEC. 19. Grounds for Contempt. The Board may cite a person for contempt on any of
the following grounds

(a) Disobedience or resistance to lawful orders, decisions, rulings, summons or 29
subpoena, or any other issuance of the Board, or

(b) Unlawful interference with the proceedings of the Board, improper conduct
tending to directly or indirectly impede, obstruct, delay or hamper the
implementation of any order, decision or ruling as provided for in this Act.

SEC. 20. Decisions of the Board. The decisions of the Board in the exercise of its
appellate jurisdiction are final and executory unless a motion for reconsideration is
filed by the aggrieved party within fifteen (15) calendar days from the receipt of the
decision and only on the basis of palpable or potent errors. The Board shall not
entertain any second motion for reconsideration. The decisions of the Board, in the
exercise of its original or appellate jurisdiction, may be elevated to the Court of
‘Appeals through the extraordinary remedy of petition for certiorari

SEC. 21. Operations of the Board. The Board shall have a Technical Executive


Committee (TEC) as its technical and implementing arm and a permanent Secretariat.
For this purpose, the Board shall designate from among themselves the chairperson
and members of the TEC, in such numbers as it may deem appropriate. The TEC
shall regularly meet to: (a) pre-process issues and concems and submit
recommendations for approval and issuance by the Board: (b) monitor, perform or
implement decisions, activities and projects as approved by the Board; and (c)
perform such other functions as may be required by the Board. The Board shall be
allocated funds and resources to ensure its operations from the budget of the
Department of Labor and Employment.

ARTICLE VI
REGISTRATION AND CANCELLATION OF REGISTRATION

SEC, 22. Requirements for registration. An employees’ organization, federation or
confederation shall acquire legal personality and shall be entitled to the rights and
privileges under this Act on the date of issuance of a certificate of registration by the
Bureau of Labor Relations, which is the central registry of legitimate labor
organizations, and shall be based on the following requirements:

(a) The application for registration of employees’ organization shall be
accompanied by the following:

(1) A statement indicating the name of the applicant employees”
organization, its principal address. names of its officers, total number of
members and the number of employees in the organizational unit where
the applicant seeks to operate;

(2) Duly ratified constitution and by-laws, minutes of its adoption or
ratification and list of members who participated in its adoption and
ratification;

(3) Support signatures of at least ten percent (10%) of the total membership
of the applicant organization:

(4) If the applicant union has been in existence for one or more years,
copies of its annual financial report; and

(5) A registration fee of such amount as may be determined by the Bureau
of Labor Relations, charged upon every application for registration of
employees” organizations under this Act

(>) The application for registration of a chartered employees’ organization shall be
accompanied by the following

(1) Duly authenticated copy of the issued federation charter certificate:
(2) Duly ratified constitution and by-laws, minutes of its adoption or


ratification and list of members who participated in its adoption and
ratification:

(3) If the applicant union has been in existence for one or more years,
copies 12 of its annual financial report: and, 13 (4) A registration fee of
such amount as may be determined by the Bureau of 14 Labor
Relations, charged upon every application for registration of 15
employees’ organizations under this Act

(c) The application for registration of federation or confederation shall be
accompanied by the following:

(1) A statement indicating the name of the applicant federation or
confederation, its principal address, and the names of its officers;

(2) Duly ratified constitution and by-laws, minutes of the organizational
meeting on its adoption or ratification, and list of affiliated unions and
members who participated in its adoption and ratification,

(3) Copies of registration certificates and affiliation confirmation resolution
of at least five (5) affiliate or member labor organizations in the case of
federations;

(4) Copies of registration certificates and affiliation confirmation resolution
of at least two (2) affiliate or member federations in the case of
confederations;

(5) If the applicant has been in existence for one or more years, copies of its
most recent audited financial statement: and

(6) A registration fee of such amount as may be determined by the Bureau
of Labor Relations, charged upon every application for registration of
employees” organizations under this Code.

(d) All applications for registration and its accompanying documents as stated shall
be verified under oath by the applicant's secretary or treasurer and attested to
by its president

SEC. 23. Incomplete application; Non-denial. Incomplete applications for
registration shall not be accepted. Complete applications for registration shall be
deemed approved upon receipt by the Bureau.

SEC. 24, Reportorial Requirements; Probative value. All registered employees”
organizations shall annually submit an organizational report such as the elected
officers, principal address, audited annual financial statement and updated list of
members with list of set of officers, complete address and contact persons. The


reportorial requirements submitted to the Bureau shall have probative value and shall
serve as evidence on the state of affairs of the organization and on issues internal or
subject of intra-organizational dispute. Non-submission of reportorial requirements
shall not be a ground for cancellation of registration

SEC. 25. Grounds for cancellation of registration. A petition for the cancellation of
registration of an employees’ organization or federation or confederation is an
independent proceeding filed by at least forty percent (40%) of the total membership
of the subject organization before the Bureau on the ground of misrepresentation, false
statement or fraud in the formation of the organization. No motu proprio or
administrative cancellation of registration by the Bureau or by the Board shall be
allowed

SEC. 26. Effect of pendency of a petition for cancellation of registration. The
pendeney of the petition for cancellation of registration shail not affect the legitimate
personality of the employees’ organization and all the rights appurtenant thereto
including the right to participate or file a petition for certification election or be
certified as the exclusive bargaining agent or negotiate a collective bargaining
agreement, absent a cease and desist order from the Bureau or the Board, in the case
of appeal

SEC. 27. Bureau report of registration and cancellation to the Board. The Bureau of
Labor Relations shall make a periodic report on registered and cancelled registration
of employees’ organizations, federations and confederations to the Public Sector
Labor Relations Board

ARTICLE VU
EXCLUSIVE BARGAINING REPRESENTATIVE

SEC. 28. Certification of exclusive bargaining representative in unorganized
organizational unit. Duly registered employees’ organization, which has the support
of at least twenty percent (20%) of the total membership of the appropriate
organizational unit, may petition for certification election before the Board to be
certified as the exclusive bargaining representative of the said organizational unit.
The Board shall refer the petition to the Bureau of Labor Relations for determination
and conduct of a certification election. The employees’ organization who garnered
the most number of votes shall be certified by the Board as the exclusive bargaining
representative of the rank-and-file employees in the organizational unit sought to be
represented

SEC. 29. Request for voluntary recognition. A duly registered employees’
organization may opt to file a request for recognition with the appropriate authority in
the organizational unit if it has the support of more than a majority of employees in
the organizational unit sought to be represented. A joint submission, under oath, to
the Board of majority support from the members of the organizational unit and
confirmation of majority support by the appropriate authority therein shall warrant


posting of the request for fifteen (15) days in at least two (2) conspicuous places in the
organizational unit sought to be represented. After compliance with the posting
requirement, a certificate of recognition shall be issued to the employees” organization
as the exclusive bargaining representative. However, when there are two (2) or more
registered employees” organization in the organizational unit sought to be represented
at the time the request for recognition was filed with the appropriate authority or there
is a question on the claimed majority support. the Board shall direct the Bureau to
conduct a certification election to determine the exclusive bargaining representative
regardless of the willingness of the appropriate authority to grant recognition

SEC. 30. Representation issue in organized organizational unit. In an organized
organizational unit, a duly registered employees’ organization may challenge the
representative status of the incumbent exclusive bargaining representative by filing
with the Board a petition for certification election. with the support signatures of at
least twenty percent (20%) of its total membership. within the freedom period of sixty
(60) days before the expiration of the collective bargaining agreement.

All existing registered employees in the organizational unit at the time of filing
of the petition for certification election shall be a choice in the certification election.
There shall be a “no union” choice in the certification election, The employees”
organization that garnered a majority of the votes shall be certified by the Board as the
exclusive bargaining representative

ARTICLE VII
COLLECTIVE BARGAINING AND NEGOTIATION

SEC. 31. Levels of collective bargaining and negotiation. Collective bargaining and
negotiation, being essentially a social dialogue between all public sector workers and
government authorities, shall be regularly conducted. whether simultaneous or in
succession, at the national. sectoral. and organizational levels at intervals deemed
appropriate by the parties. In no case it shall be conducted beyond six (6) years.

SEC. 32. Funding for implementation of collective bargaining and negotiation
agreement. To ensure mutual full implementation of collective bargaining and
negotiation agreements throughout the effectivity period, financial and other resources
agreements shall be appropriated through the annual budget of the legislative.
judiciary, constitutional bodies, uniformed agencies, national government agencies.
state and local universities and colleges, local government units and government
owned and controlled corporations, National. sectoral and organizational bargaining
agreements shall be concluded between the months of January to May before the
annual budgeting processes and respective budget approval

SEC. 33. National bargaining and negotiation agreement; Coverage. General terms
and conditions of employment of national application including the standardization of
salaries, allowances and benefits for government employees that require legislative
action shall be subject to collective bargaining and negotiation between


representatives of all accredited public sector federations or confederations and
national government authorities at regular intervals. Such terms and conditions of
employment may include the following,

(a) Reclassification, review, creation. abolition, or upgrading of positions;

(b) Wages. and review and revision of the compensation structure;

(c) Increase in standard allowances granted uniformly across the government;

(4) Creation of anti-corruption advocacy and monitoring units at the national,
sectoral and organizational units;

(e) Creation of social dialogue mechanisms at the national, sectoral and
organizational units,

(f) Humane working conditions: and

(g) Such other benefits,

SEC. 34. Sectoral hargaining and negotiation agreement. Sectoral collective
bargaining and negotiations shall be undertaken on sector specific concerns between
elected sectoral representatives and the concerned sectoral government authority,
which may include terms and conditions of employment unique to the sector covered
and incentives including wage and salary structure

SEC. 35. Organizational bargaining and negotiation agreement; Coverage.
Personnel enhancements, welfare and benefits, which must not be lower than the
national or sectoral standards. may be negotiated at the level of the negotiating unit
between the certified employees’ union and concerned government authority

(a) Schedule of vacation and other leaves;

{b) Work assignment of pregnant women,

(c) Personnel growth and development;

(d) | Communication system within the organizational unit;

{e) Provisions for occupational safety and health;

(f) Provisions and facilities for handicapped personnel;

(2) Use of gender and development budget:

(h) Wellness and physical fitness program:

(i) Establishment of day care facilities;

(j) Annual medical and physical examination;

(k) Recreational, social, athletic, and cultural activities;

{l) Facilities requiring capital outlays.

({m) Provident fund (management counterpart),

(n) Hospitalization, medical. and dental services:

(0) _ Rice, sugar and other subsidies;

(p) Travel expenses:

(q) Other retirement benefits;

(r) Representation in different committees in the organizational unit, particularly
in committees where decisions on employees welfare and development and
productivity are being made;

(s) Work organization;


(t) Productivity and/or collective negotiation incentive;

(a) Health maintenance benefit;

(v) Staple food benefit

(w) _ Disaster Risk Assistance Management Allowance (DRAMA),

(x) Renewal of licenses if these are a requirement of the work or functions being 7
performed: and

(y) _ Free legal assistance for work related cases or in the exercise of the mandate 9
of the office or function.

SEC. 36. Duty to bargain and negotiate in good faith, Both parties to collective
negotiation and bargaining must make every effort to arrive, in fullest possible terms,
at agreed solutions on all matters of mutual interest, which must be observed and
mutually carried out in good faith. Good faith includes observance of its binding
effect by the parties and their successors-in-interest, even after a change in
administration or leadership, of the terms and conditions of their collective bargaining
agreement. Collective agreements at all levels must include a built-in and binding
dispute resolution mechanism such as a grievance machinery and resort to voluntary
arbitration on issues of implementation or interpretation of its provisions.

SEC. 37. Registration of collective bargaining and negotiation agreements.
Collective bargaining and negotiation agreements whether national, sectoral or
organizational unit specific shall be submitted to the Board for administration and
monitoring and to the Bureau for registration, recording, and statistical purposes,

ARTICLE IX
UNFAIR LABOR PRACTICE

SEC. 38. Unfair Labor Practice of the Agency. ‘The following shall constitute unfair
labor practice 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 join or not join
an employee organization, federation, or confederation, or shall withdraw trom
one to which the employee belongs:

(c) Discriminating in regard to work schedule, granting of benefits, places of
assignment, and other terms and conditions of employment in order to
encourage or discourage membership in any employee organization:

(d) Terminating the services or discriminating against an employee for having filed
charges or express willingness to expose corrupt practices of heads of agencies,
or members of the board, or any government executiv

(e) Refusing to enter into collective bargaining with the accredited or certified
employee organization;

(f) Violating any of the provision of the collective bargaining agreement;

(g) Union busting:

(h) Violation of the freedom of association and the right to strike,



(i) Indiscriminate use of management prerogatives;
(i) Failure to act on any form of violence in the workplace, and
(k)  Red-Tagging

SEC. 39. Unfair labor practice of the employees’ organization. The following shall
constitute unfair fabor practice on the part of the employee organizations.

(a) Restraining or coercing employees in the exercise of their right to self:
organization;

(b) Causing or attempting to cause the agency head to discriminate against an
employee who has not joined the employee organization,

(c) Refusing to negotiate collectively with the duly authorized representative of the
agency, and

(d) Violating any of the provision of the collective bargaining agreement.

ARTICLE X
GRIEVANCE MACHINERY AND SETTLEMENT OF DISPUTES

SEC. 40. Settlement of disputes arising in connection with the determination of
terms and conditions of employment. There shall be established an independent,
efficient, speedy and impartial dispute settlement mechanism for terms and conditions
of employment which starts at the organizational unit through the grievance
machinery, third party intervention through conciliation-mediation services unit for
unresolved grievance, and voluntary arbitration for all unresolved labor relations-
related disputes.

SEC. 41. Grievance machinery. Each department or agency and employees’
organization of the organizational unit shall establish and administer a grievance
machinery. Every employee has the right to have one’s grievance adjudicated as
expeditiously and as fairly as possible. A complaint may be filed by an aggrieved
employee or by the employee organization to which the employee belongs in
accordance with the rules issued by the Board

SEC. 42. Concitiation-mediation public sector individual or collective bargaining
labor dispute. Unresolved grievance. or an individual or collective bargaining dispute
may be processed, at the option of the parties, through the conciliation-mediation
services of the NCMB, upon referral by the Board

SEC. 43. Voluntary arbitration. All labor relations and related disputes in the public
sector shall be submitted for voluntary arbitration

SEC. 44, Voluntary arbitration unit; Accreditation, The voluntary arbitrators for the
public sector shall be accredited by the Board pursuant to an accreditation procedure
and requirements it may promulgate which shail include minimum hours of training
on public service laws, rules and regulations, and appropriate clearances. Accredited
voluntary arbitrators shall submit to the Board, regular reports on cases handled, and


shall undergo enhancement training on public sector rules and regulations to be listed
in the roster of public sector arbitrators of good standing

SEC. 45. Assignment of cuses; Finality of voluntary arbitration decision, \n the
absence of an agreement by the parties is their voluntary arbitrators, the Board shall
facilitate the assignment and raffle of cases to arbitrators of good standing.

C. 46. Award or decisions of the voluntary arbitrators, Awards or decisions of
the voluntary arbitrator shall contain the facts and the law on which the award or
decision is based. The award or decision shall be final and executory ten (10) calendar
days after the receipt of the copy of the award or decision by the parties unless an
appeal is timely filed to the Court of Appeals.

ARTICLE XI
STRIKES

SEC. 47. Right to strike. The right of government employees to engage in peaccful
concerted activities including the right to strike for purposes of collective bargaining
or for mutual benefit and protection shall be recognized and respected: Provided. That
the grounds. procedures and cooling-off period requirement in Article 278 of the
Labor Code of the Philippines. as amended, shall be observed: Provided. further, That
an inter-union or intra-union dispute shall not be a ground for strike

SEC. 48. Minimum service requirement. Considering the nature of public service,
the duly registered employees’ organization and the appropriate authority in the
organizational unit shall ensure a minimum level of continuous service to the public
for the duration of the concerted activities or strike.

SEC. 49. Compulsory arbitration by the Board in essential services. The Board shall
assume cases of concerted activities and strikes by employees and duly registered
employees’ organizations in an organizational unit that renders essential services
where any interruption will cause imminent danger to the life, safety or health of part
‘or in whole of the population, which include direct patient care in public health
institutions, public air traffic control, or prison services, for speedy conciliation
compulsory arbitration proceedings and resolution

SEC. 50. Compensatory guarantee, The Board shall decide or resolve a dispute
within thirty (30) calendar days from the date of assumption of the labor dispute. The
resolution or decision of the Board shall be final and executory ten (10) calendar days
from receipt by the parties of the copy of the resolution or decision

s 1. No disciplinary action arising from a labor dispute. No administrative or
disciplinary action shall be imposed against any employee involved in the legitimate
exercise of the right to strike or freedom of expression and assembly.

SEC. 52. Guarantees against unreasonable searches or arrest arising from a labor


dispute. Pursuant to the Constitutional guarantee on the right of the people to be
secured from unreasonable searches and seizures, no search or arrest arising from a
labor dispute shall be made except through a valid court warrant. Government
prosecutors shall first secure clearance from the Board before taking cognizance of
complaints for preliminary investigation and the filing in court of the corresponding
information on cases arising out of or related to a labor dispute, including cases with
allegations of violence, coercion, physical injuries, assault upon a person in authority
and other similar acts of intimidation, or obstructing the free ingress to and egress
from the place of operations.

ARTICLE XH
REPRESENTATION AND SOCIAL DIALOGUE

SEC. 53. Institutionalization of Social Dialogue. Genuine participation and
representation of public sector employees’ organization, federation and confederation
at various levels of policy and decision making bodies and institutions with provisions
for their representation in the board such as the Government Service and Insurance
System (GSIS), Employees Compensation Commission (ECC), Overseas Workers
Welfare Administration (OWWA), Occupational Safety and Health Center (OSHC)
PhilHealth Insurance Corporation (PHIC), Technical Education and Skills
Development Authority (TESDA), Pag-Ibig Fund, Social Security System (SSS),
National Tripartite Industrial Peace Council (NTIPC), Regional Tripartite Industrial
Peace Council (RTIPC) and Board of Regents/Trustees of state and local universities
and colleges, shall be upheld at all times. To fully comply with the requirement of
representatives. no appointments of representatives for government employees shall
be issued without the concurrence and endorsement of duly registered public sector
employees’ federation or confederation.

SEC. 54. Consultative mechanisms in the civil service. To make the delivery of
goverment process and services transparent, graft-free and effective, and ensure
harmonious labor-management relations in the civil service, the Civil Service
Commission shall establish a mechanism for social dialogue and consultation with the
government employees in all branches, subdivisions, instrumentalities, and agencies
of the government, including government-owned or controlled corporations with or
without original charters

SEC. 55. Representation in tripartite policy-making and/or quasi-judicial 23 bodies,
Public sector employees shall be afforded representation in the National Tripartite
Industrial Peace Council and where appropriate, in the regional and indusiry specific
tripartite industrial peace councils lodged at the Department of Labor and
Employment including in the Tripartite Voluntary Arbitration Advisory Council
(TVAAC) at the National Conciliation and Mediation Board

SEC. 56. Presidential social dialogue and consultation. The Board, as attached to
the Department of Labor and Employment, shall regularly convene, motu proprio or
upon request. for social dialogue and consultation between the President of the


Philippines and the public sector employees’ organizations on matters of national
concern or major policies affecting the civil service.

SEC. 57. Dispute or Conflict Resolution, On cases wherein disputes arise between
the employees’ organization and any agency attached to or under the administration or
supervision, of either the duly appointed government representative as the
Chairperson of the Board or the Secretary of the Department of Labor shall be directly
heard and decided by the Board. with the exclusion of the Chairperson of the Board
who shall inhibit on the process.

ARTICLE XU
PENAL PROVISIONS,

SEC. 88. Violation on the part of employees’ organization, federation and
confederation. Any violation of the rights and conditions of membership provided in
Sections I] and 12 of this Act shall be a ground for expulsion of the officers from the
employees’ organization, federation or confederation. At least thirty percent (30%) of
the total membership of an employees’ organization or of total number of affiliated
employees’ organization in the case of federation or confederation, or any member or
members specially concerned may report such violation to the Board. The Board shall
have the power to hear and decide any reported violation to mete the appropriate
penalty. Criminal and civil liabilities arising from violations of above rights and
conditions of membership shall continue to be under the jurisdiction of ordinary
courts,

SEC. 59. Violation on the part of public employer. The heads of offices and other
officers of the agency as well as officers and members of an employee organization,
who participate in or authorize an unfair labor practice, provided on Section 37 of this
Act shall be held administratively liable or suspension of not exceeding one (1) year,
or both for such participation or grant of authority without prejudice to civil and
criminal liability.

ARTICLE XIV
MISCELLANEOUS PROVISIONS

SEC. 60. Implementing Rules and Regulations. The Department of Labor and
Employment, Civil Service Commission, Department of Budget and Management,
Department of Interior and Local Government, Commission on Higher Education,
along with representatives from the public sector federations and confederations, shall
promulgate the necessary implementing rules and regulations within ninety (90) days
from the effectivity of this Act.

SEC. 61, Transitory Provisions. Upon the effectivity of this Act, all existing and
effective collective agreements shall be honored and implemented until their
expiration. This Act applies to new collective bargaining agreements


SEC. 62. Separability Clause. {f any part or provision of this Act is held
unconstitutional or invalid, the other parts or provision hereof which are not affected
thereby shall continue to be in full force and effect.

SEC. 63. Repealing Clause. Executive Order 180, series of 1987, is hereby repealed.
All laws, orders, rules or regulations, which are inconsistent or contrary to the
provisions of this Act are hereby amended or repealed accordingly

SEC. 64. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or one (1) newspaper of general circulation.

Approved.