EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. _ 2621

Introduced by
TUCP PARTYLIST REPRESENTATIVE RAYMOND DEMOCRITO C. MENDOZA

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

EXPLANATORY NOTE

The Philippine government is the single biggest employer in the country. Based
on the Labor Force Survey of the Philippine Statistics Authority (PSA) for the July 2018
round, out of the total 26.567 million wage and salary workers, 3.668 million are in the
government or government-owned and controlled corporations (GOCCs).

On 14 August 2017, the Philippine Government ratified ILO Convention 151,
known as Labour Relations (Public Service) Convention, 1978, or the “Convention
conceming Protection of the Right to Organise and Procedures for Determining
Conditions of Employment in the Public Service’ after nine (9) long years of
campaigning by the public sector organizations for its ratification. The ratification is
expected to usher an era of robust and progressive labor relations environment for the
public service.

The 1987 Philippine Constitution recognizes the public sector employees right to
self-organization through Article IX-B and this Constitutional guarantee was translated
into Executive Order No. 180, Series of 1987, or the “Guidelines for the Exercise of the
Right to Organize of Government Employees, Creating a Public Sector Labor-
Management Council, and For Other Purposes’. Executive Order No. 180 and its
implementing rules and regulations have since been the governing issuances on public
sector labor relations. It has not been amended despite the need and several attempts
to do so for an enabling environment for decent work in the public sector and address
permeating patronage system, bloated bureaucracy, “transaction costs/corruption in the
bureaucracy” and inefficient public service. There are also longstanding observations
by the ILO Committee of Experts on the Application of Conventions and
Recommendations (CEACR) in respect to gaps in the laws and practices with respect to
public sector unionism.


The essentiality of having a robust and progressive labor relations environment
cannot be overemphasized. It would create conditions for a professionalized, trained,
motivated and efficient public sector employees which are essential ingredients in
fostering sustainable good and high quality public service. In fact, the main argument
for the ratification of ILO Convention No. 151 was the mobilization of the public sector
employees in reforming the bureaucracy and in addressing corruption and widespread
“endo” or end of contract engagement of public service employees in core or critical
services through job orders or contracts of service, casuals and other forms of
contractual work.

With this and the obligation arising from the ratification of ILO Convention No.
151, upgrading Philippine laws and practices on freedom of association and collective
bargaining in the public sector is imperative. Hence, this proposed measure to address
the gaps in public sector labor relations particularly on: protection of the right to
organize, facilities to be afforded to public sector employees’ organizations, procedures
for determining the terms and conditions of employment, civil and political rights, and
settlement of disputes arising or in connection with the determination of terms and
conditions of employment.

RA’ DEMOCRITO C. MENDOZA
TUCP PARTYLIST


CeaVanawnn

EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._2621

Introduced by
TUGP Partylist Representative RAYMOND DEMOCRITO C. MENDOZA

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

Be enacted by the Senate and the House of Representatives of the Republic
Of the Philippines in Congress assembled:

CHAPTER |
DECLARATION OF POLICY

SEC. 1. Short Title. - This act be known as the “Public Service Labor Relations Act
of 2019”.

SEC. 2. Declaration of Policy. — It is the policy of the State to promote the right to
self-organization of government employees, to collective 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.

CHAPTER II
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


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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)

(b)

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(e)

(9)

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

Board means the Public Service Labor Relations Board established in this
Act.

Bureau means the Bureau of Labor Relations in the Department of Labor and
Employment.

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
representative having majority support of the agency'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
govemment including government owned or controlled corporation, local
govemment 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 concemed 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 authoritylies on the terms and
conditions of employment and improvements thereof.

Commission refers to the Civil Service Commission.

Conciliation-mediation is a mode of dispute settlement that brings together
two disputing parties to negotiate a mutually acceptable solution through a


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nonsltigious, non-adversarial, less expensive and expeditious mechanism.

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 subprofessional work in a non-supervisory or
supervisory capacity requiring less than four years of collegiate studies.

Federation is a duly registered labor organization with at least five (5) affiliate
employees’ organizations, each of which must be a duly certified exclusive
bargaining representative in an organizational unit.

Grievance refers to any question or employee's complaint regarding his/her
working conditions, relationship or employment status including question or
interpretation or implementation of any of the provisions of the collective
bargaining 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.


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Labor dispute includes any controversy or matter conceming 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 disputant stands in the
proximate relation of employer-employee relations.

Labor organization means any duly registered employees’ organization, or
duly registered federation or confederation of employees’ organizations, 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.

NCMB means the National Conciliation and Mediation Board established
under Executive Order No. 126.

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
and 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 is one which vests in the occupant the
power to formulate policies for the goverment or any of its agencies,
subdivisions, or instrumentalities like that of a member of the cabinet.

(2) Primarily technical position is one where the occupant enjoys more than
the ordinary confidence of the appointing power but bear such close
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 is 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 departmentiagency, office, or govemment-owned or controlled


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corporations; and such other identifiable govemment units as may be
considered by the Board.

Peaceful concerted activities refers to actions taken by an employees’
organization in relation to a labor dispute which may include 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 work stoppage or disruption of public order and safety, or actions that may
Pose imminent danger to life, personal safety or health of part or whole of
population.

Position refers to an occupational title with a defined set of duties and
fesponsibilities to be performed by an individual either on full time or part time
basis.

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

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

Social dialogue includes all types of negotiations, consultations, or simply
exchange of information between or among representatives of goverment
and employees on issues of common interest or relating to economic and
social policy.

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

Strike area means 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.


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(ff) 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.

(99) 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.

(hh) 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.

CHAPTER III
RIGHT TO SELF-ORGANIZATION

SEC. 5. Coverage of the Right to Self-Organization. — All goverment employee
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 and protection of their interests.

Government employees may also form, 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, supervisory or employees in positions of trust to
join the rank-and-file union. — Managerial or supervisory 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 sectoral, national or
intemational federation or confederation of their own.

Accordingly, membership to the rank-and-file employees’ organization when a
member is designated to a position which has been declared primarily confidential or
policy determining or managerial in nature or by law, shall automatically be deemed
suspended for the duration of his/her designation.


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SEC. 8. Exclusion of the members of the Armed Forces Philippines, including police
officers and policemen from the right to self-organization. - Members of the Armed
Force of the Philippines, including police officers and policemen having responsibility
for the extemal and internal security of the State are excluded from the coverage of
the right to self-organization.

However, firemen and jail guards not being in 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 employee 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 employees are
automatically deemed removed from the list of membership of the union.

SEC. 10. Protection of the right to self-organization. — No government 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.

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

SEC. 11. Rights of registered organization. - A registered employees’ organization
or federation or confederation shall have the right:

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

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

(c) To be recognized as the bargaining 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 charter certificate to chartered employees’
organization as guarantee of its existence and legitimacy to be the exclusive

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bargaining representative of the organizational unit sought to be represented
subject however to submission of the charter certificate and accompanying
application for registration as provided 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;

(9) Tobe afforded facilities to enable a certified employees’ organizations to carry
ut 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, transport and
communication, authorization to post organization or trade union notices, right
to attend meetings, and right of assembly; and

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

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 fine and forfeiture be imposed;

(bo) | 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, by secret ballot at intervals of five (5) years. No qualification
requirement for candidacy to any position shall be imposed other than
membership in good standing in subject organization, federation or


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confederation. The secretary or any other responsible officer shall furnish the
Board with a list of the newly-elected 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 from the occurrence of any
change in the list of officers of the organization;

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 employees’ organization, federation or confederation shall knowingly admit
as members or continue in membership any individual who belongs to a
subversive organization or who is engaged directly or indirectly in any
subversive activity;

No person who has been convicted of a crime involving moral turpitude shall
be eligible for election as a 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 behalf
or make any disbursement of its money or funds unless he/she 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 a receipt from the person to
whom 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


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‘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 action against the responsible officer/s;

The officers shall not be paid any compensation other than the salaries and
expenses due to their positions as specifically provided for in its 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 for 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 by him/her since he/she assumed office or since
the last day on which he/she rendered such account, and of all bonds,
securities and other properties of the organization entrusted to his/her custody
‘or under his/her 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 his/her 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;

10


(n) 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 shall 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 from 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

(p) 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,

Any violation of the above rights and conditions of membership shall be a ground for
expulsion of the officers from the employees’ organization, federation or
confederation. At least thirty percent (30%) of the members 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.

CHAPTER V
PUBLIC SERVICE LABOR RELATIONS BOARD (PSLRB)

SEC. 13. Public Sector Labor Relations Board (PSLRB); Composition. - The Civil
Service Commission's Personnel Relations Office (CSC-PRO) and the Public Sector
Labor Management Council (PSLMC) are hereby abolished and reconstituted as the
Public Sector Labor Relations Board (PSLRB), hereinafter referred to as the Board,
which is attached to the Office of the President under the Executive Secretary for
policy coordination. It shall implement and administer the provisions of this Act and
shall be composed of the following:


(a) Duly appointed goverment 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
goverment agencies (NGAs); the goverment owned and controlled
corporations with or without original charter (GOCCs); the local government
units (LGUs); the 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.

The Board members shall serve for a term of three (3) years or until their successors
shall have been elected in the National Workers’ Congress or unless recalled by the
organization being represented. There shall be no added emoluments other than
work performed in such capacity shall be considered as official time. In no case,
however, shall anyone of them serve under holdover capacity for more than one (1)
year.

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

(@) Unfair labor practice;

(0) Disputes arising in the course of the conduct of collective negotiations;

(©) Disputes on issues resulting from the interpretation or implementation of the
grievance machinery;

(d) Determination of the presence or absence of strike;

(e) Disputes on the issues from the interpretation or implementation of the
provision of collective negotiation agreement;

(f) Violation of the fundamental rights of workers; and

(@) _ 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;

(b) 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.

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SEC. 16. Support and assistance of the Civil Service Commission, Department of
Labor and Employment, National Conciliation and Mediation Board and law
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 No.
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.

(©) With respect to the National Conciliation and Mediation Board, an attached
agency to the Department of Labor and Employment, for purposes of this Act, it shall
create a conciliation-mediation unit and assigned 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

(4) 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 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. Whit 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
complained of involving or 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.

13


565
566
567
568
569
570
S71
572
573
574
S75
576
57
578
579
580

582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603

605

607

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 shall answer for any damage that may be suffered by the party
enjoyed if it is finally determined that the petitioner is not entitled to the ancillary relief
prayed for.

SEC. 18. Grounds for Contempt. — The Board may cite a person for contempt on
any of the following grounds:

(@) Disobedience or resistance to lawful order, decision, rulings, summons or
subpoena or any other issuance of the Board, or

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

SEC. 19. PSLRB decision. — 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.

Decisions of the Board, in the exercise of its original or appellate jurisdiction, may be
elevated to the Court of Appeals through the extra-ordinary remedy of petition for
certiorari.

SEC. 20. 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 following shall be observed:

(a) The Board shall designate from among themselves the chairperson and
members of the Technical Executive Committee, in such numbers as it may deem
appropriate. The TEC shall regularly meet to: (1) pre-process issues and concems
and submit recommendations for approval and issuance by the Board; (2) monitor,
perform or implement decisions, activities and projects as approved by the Boai
and (3) perform such other functions as may be required by the Board.

(b) The Civil Service Commission's Personnel Relations Office (CSC-PRO) shall
be converted as the permanent Secretariat that shall provide technical and
‘secretariat support to the Board and to the TEC.

(c) The Board may also constitute itself into divisions of three (3) members for
efficient functioning and shall convene en banc on matters of policy concerns or in
case of disagreements in the divisions. But in all cases, the signing authority for
decisions of the Board shall be the Chairperson and to be concurred in by a majority

4


610
611
612
613
614
61s
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632

634
635
636
637
638
639

a1
642
643

645
647
649
650

651
652

of the members present during the meeting. A quorum to conduct official business
of the division or en banc shall be determined by the Board.

(d) |The Board shall be allocated funds and resources to ensure its operations
from the budget of the Civil Service Commission and the Office of the Executive
Secretary.

CHAPTER VI
REGISTRATION AND CANCELLATION OF REGISTRATION

SEC. 21. 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, based on the following requirements:

(2) 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) At least ten percent (10%) support signatures of the members 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 maybe determined by the Bureau of
Labor Relations, shall be charged upon every application for registration
of employees’ organizations under this Act.

(b) 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 of its annual financial report; and,


(4) A registration fee of such amount as maybe determined by the Bureau of
Labor Relations, shall be charged upon every application for registration
of employees’ organizations under this Act.

(©) 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) Ifthe 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 maybe determined by the Bureau of
Labor Relations, shall be charged upon every application for registration
of employees’ organizations under this Code.

(4) _ 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. 22. Incomplete application; Non-denial. - Incomplete application for
registration shall not be accepted. Complete application for registration on the other
hand, shall be deemed approved upon receipt by the Bureau.

SEC. 23. Reportorial Requirements; Probative value. — All registered employees’
organization 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
intemal or subject of intra-organizational dispute. Non-submission of reportorial
requirements shall not be a ground for cancellation of registration.

SEC. 24. Grounds for cancellation of registration. — A petition for the cancellation
Of registration of an employees’ organization or federation or confederation is an

16


697
698
699
700
701
702
703
704

706
707
708
709
no
m1
m2
73
714
ns
716
77
78
79
720
72a
722
723
724
ns
726
727
728
729
730
731
732
733
734
735
736
737
738
239
740

independent proceedings 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. 25. Effect of pendency of a petition for cancellation of registration. - The
Pendency of the petition for cancellation of registration shall 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. 26. 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.

CHAPTER VII
EXCLUSIVE BARGAINING REPRESENTATIVE

SEC. 27. 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 members 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 gamered 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. 28. 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 an issuance for a fifteen (15) days posting in at least
two (2) conspicuous places in the organizational unit sought to be represented.

7


741
742
743
744
745
746
747
748
749,
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
70
™m
772
7B

775
716
™
778
779
780
781
782
783
734

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. 29. Representation issue in organized organizational unit. - In 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 at least twenty percent (20%)
support signatures, within the freedom period of sixty (60) days before the expiration
of the collective bargaining agreement, which is valid and effective for a period of
three (3) years.

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.

The employees’ organization that garnered a majority of the votes shall be certified
by the Board as the exclusive bargaining representative

CHAPTER VIII
COLLECTIVE BARGAINING

SEC. 30. Levels of collective bargaining. — Collective bargaining being essentially
@ social dialogue between all public sector workers and government authority/ies
shall be regularly conducted, whether simultaneous or in succession, at the national,
sectoral and organizational levels at intervals deemed appropriate by the parties but
in no case it shalll be conducted beyond three (3) years.

SEC. 31. National bargaining 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 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, review and revision of the compensation structure;

18


(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;

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

() Such other benefits.

SEC. 32. Sectoral bargaining agreement. - Sectoral collective negotiations shall
be undertaken on sector specific concerns between elected sectoral representatives
and the concern sectoral govemment authority, which may include terms and
conditions of employment unique to the sector covered and incentives including
wage and salary structure as provided under Republic Act No. 10149 or the GOCC
Governance Act of 2011.

SEC. 33. Organizational bargaining 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:

(2) Schedule of vacation and other leaves;

(6) Work assignment of pregnant women;

(©) Personnel growth and development;

(d) Communication system within the organizational unit;

(€) Provisions for occupational safety and health;

(f) Provisions and facilities for handicapped personnel;

(9) Use of gender and development budget;

(h) Wellness and physical fitness program;

() Establishment of day care facilities;

() Annual medical/ physical examination;

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

(Facilities requiring capital outlays;

(m) Provident fund (management counterpart);

(n) Hospitalization, medical and dental services;

(0) _ Rice/sugar and other subsidies;

(p) Travel expenses;

(@) Other retirement benefits;

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

(8) Work organization;

() Productivity and/or collective negotiation incentive;

(u) Health maintenance benefit;

(v) Staple food benefit;

19


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

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

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

SEC. 34. Duty to bargain in good faith. - Both parties to collective 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
successor-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. 35. Registration of Collective Bargaining Agreements. - Collective
Negotiations 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.

CHAPTER IX
UNFAIR LABOR PRACTICE

SEC. 36. Unfair Labor Practice of the Agency. - The following shall constitute
unfair labor practice on the part of the agency:

(@) _ Interfering with, restraining or coercing employees in the exercise of their right
to self-organizations;

(b) Requiring as a condition of employment that an employee shall join or not join
an employee organization, federation/confederation or shall withdraw from
‘one to which s/he belongs;

(©) 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 head/s of
agency/ies or members of the board or any government executive;

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

() Violating any of the provision of the collective negotiation agreement;

(@) Union busting;

20


(h) Violation of the freedom of association and the right to strike;
() _ Indiscriminate use of management prerogatives; and
(@) Failure to act on any form of violence in the workplace.

SEC. 37. Unfair labor practice of the employees’ organization. - The following shall
constitute unfair labor practice on the part of the employee organizations:

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

(b) The employee organization shall have no right to prescribe its own rules on
the acquisition or retention of membership and sustenance of a union;

(©) Causing or attempting to cause the agency head to discriminate against an
employee who has not join in the employee organization;

(4) Refusing to negotiate collectively with the duly authorized representative of
the agency; and

(€) _ Violating any of the provision of the collective negotiation agreement.

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 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.

CHAPTER X
GRIEVANCE MACHINERY AND SETTLEMENT OF DISPUTES

SEC. 38. 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 mechanisms 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. 39. Grievance machinery. — Each department or agency and employees’
organization of the organizational unit shall establish and administer a grievance
machinery.

Every employee have the right to have his/her grievance adjudicated as
expeditiously and as fairly as possible.


915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939

A grievance may be filled by an aggrieved employee or by the employee
organization to which s/he belongs in accordance with the rules issued by the Board.

SEC. 40. Coneiliation-mediation public sector individual or collective bargaining
labor dispute. — Unresolved grievance, 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. 41. Voluntary arbitration. — All labor relations and related disputes in the
public sector shall be submitted for voluntary arbitration.

SEC. 42. Voluntary arbitration unit; Accreditation. - The voluntary arbitrators for
the public sector however shall be accredited by the Board pursuant to an
accreditation procedure and requirements it may promulgate which shall include
minimum hours of training on public service laws, rules and regulations, and
appropriate clearances.

Accredited voluntary arbitrators shall submit regular reports on cases handled to the
Board 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. 43. Assignment of cases; Finality of voluntary arbitration decision. - \n the
absence of an agreement by the parties on their voluntary arbitrator/s, the Board
shall facilitate the assignment and raffle of cases to arbitrators of good standing.

SEC. 44. Award or decisions of the voluntary arbitrator/s. - Awards or decisions of
the voluntary arbitrator shall contain the facts and the law on which it is based. It
‘shall be final and executory after ten (10) calendar days from receipt of the copy of
the award or decision by the parties unless an appeal is timely filed to the Court of
Appeals.

CHAPTER XI
STRIKES

SEC. 45. Right to strike. — The right of goverment employees to engage in
peaceful 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 (formerly 263) of the Labor Code of the Philippines, as amended, shall be
observed, and provided further that inter-union or intra-union dispute shall not be a
ground for strike.

2


959
960

962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
97
978
979
980

982
983
984
985
986
987
988
989

992
993
994
995
996
997
998

1000
1001
1002

SEC. 46. 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. 47. Limited right to strike. — Firefighters may enjoy a limited right to strike in
view of the importance and implications of any interruptions in their functions or
services.

SEC. 48. Compulsory arbitration by the Board in essential services. - 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, shall be
assumed by the Board for speedy conciliation and compulsory arbitration
proceedings and resolution.

SEC. 49. Compensatory guarantee. - The Board shall decide or resolve 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.

SEC. 50. 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. 51. 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.

CHAPTER XII
REPRESENTATION AND SOCIAL DIALOGUE

SEC. 52. Participation and representation of public sector employees in policy-
making bodies and institutions. - Genuine participation and representation of public
sector employees in policy-making bodies and institutions with provisions for their

23


1003
1004
1005
1006
1007
1008

1010
1011
1012
1013
1014
1015

1016
1017
1018
1019
1020
1021

1022
1023
1024
1025
1026

1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042

Tepresentation in the board such as in the Government Service Insurance System
(GSIS), Pag-Ibig Fund and PhilHealth shall be upheld at all times. To fully comply
with the requirement of representativeness, 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. 53. Consultative mechanisms in the civil service. - To make the delivery of
government process and services transparent, graff-free and effective, and there is
harmonious labor-management relations in the civil service, the Civil Service
Commission shall established 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, a mechanism for social
dialogue and consultation with the government employees at the organizational unit.

SEC. 54. Representation in tripartite policy-making and/or quasi-judicial bodies. -
Public sector employees shall be afforded representation in the National Tripartite
Industrial Peace Council and where appropriate, in the regional and industry 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. 55. Presidential social dialogue and consultation. - The Board, as attached to
the Office of the President, shall regularly convene, motu proprio or upon request,
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.

CHAPTER Xill
MISCELLANEOUS PROVISIONS

SEC. 56. Implementing Rules and Regulations. - The Department of Labor and
Employment and the Office of the Executive Secretary with the Civil Service
Commission, Department of Justice, 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 one
hundred and twenty (120) days from the effectivity of this Act.

SEC. 57. 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.

24


1043

1045
1046
1047
1048
1049
1050

SEC. 58. Repealing Clause. — Executive Order No. 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. 59. Effectivity. - This Act shall take effect fifteen (15) days after its complete
Publication in at least two (2) national newspapers of general circulation

APPROVED.

25