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pate: 23 AUG 2015

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REQISTR (TION UNIT

Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3199

House Bill No.

Introduced by AKBAYAN Representative Tomasito S. Villarin

EXPLANATORY NOTE

This bill seeks to refine the rules governing the right to self-organization of
state workers.

First, this proposed measure clarifies the coverage of union membership in
government agencies. The type of workers that can be excluded from union
membership is limited

Second, it provides a new section in the current rules which defines unfair
labor management practices that undermines the right to self-organization
of government employees. This bill also provides for penalties for officers of
agencies who will commit unfair labor management practices.

Third, this proposed measure defines the procedure on how collective
negotiation agreements should be negotiated. In cases where negotiations
are delayed, the current agreement continues to operate until a new
agreement is crafted.

Fourth, in agencies where there is only one legitimate union operating, the
bill requires the agency to automatically recognize the said union.

Fifth, the bill seeks to strengthen union participation in the Public Sector
Labor-Management Council, The setting up of regional boards is likewise
proposed in order to immediately address labor-management issues in the
regions.

In summary, this bill seeks to strengthen the constitutional mandate under
paragraph 5, Section 2 (B), Article IX of the 1987 Philippine Constitution
which states that “the right to self-organization shall not be denied
government employees.”

TO! ‘S. VILLARIN

UUSE YF R PRESENT ATIVES

BILLS AND INCEX SERVICE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 3199

Introduced by AKBAYAN Representative Tomasito S. Villarin

AN ACT
STRENGTHENING THE RIGHT TO ORGANIZE OF GOVERNMENT
EMPLOYEES, AMENDING EXECUTIVE ORDER NO. 180 ENTITLED
“PROVIDING GUIDELINES FOR THE EXERCISE OF THE RIGHT TO
ORGANIZE OF GOVERNMENT EMPLOYEES, CREATING A PUBLIC
SECTOR LABOR-MANAGEMENT COUNCIL, AND FOR OTHER
PURPOSES” AND FOR OTHER PURPOSES

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

SECTION 1. Section 1 of Executive Order No. 180 is hereby amended to
read as follows:

“Section. 1. This Executive Order applies to RANK AND FILE
employees of all branches, subdivisions, instrumentalities and
agencies of the government, including government-owned or
controlled corporations with original charters.

For this purpose, [employees covered by this Executive Order
shall referred to as “government employees”], RANK AND FILE
EMPLOYEES ARE EMPLOYEES IN THE PUBLIC SECTOR
WHOSE FUNCTION ARE NOT CO-TERMINOUS OR HIGH
LEVEL IN NATURE. THE NATURE OF THEIR FUNCTIONS AS
REFLECTED IN THE APPROVED POSITION DESCRIPTION
SHALL PREVAIL.

SECTION 2. Section 5 of said Executive Order shall be amended to read as
follows:

“SEC.S. UNFAIR LABOR MANAGEMENT PRACTICE
PERTAINS TO ACTS WHICH DENIES TO THE GOVERNMENT
EMPLOYEES THEIR RIGHT TO SELF-ORGANIZATION.


(A) ON THE PART OF THE AGENCY - THE FOLLOWING
SHALL CONSTITUTE UNFAIR LABOR-MANAGEMENT
PRACTICES ON THE PART OF THE AGENCY:

1. INTERVENING WITH, RESTRAINING, OR COERCING
EMPLOYEES IN THE EXERCISE OF THEIR RIGHT TO SELF-
ORGANIZATION;

2. REQUIRING AS A CONDITION OF EMPLOYMENT THAT AN
EMPLOYEE SHALL NOT FORM OR JOIN AN EMPLOYEES’
ORGANIZATION AND SHALL WITHDRAW FROM ONE WHICH
HE/SHE BELONGS;

3. DISCRIMINATING IN REGARD TO WORK SCHEDULES,
PLACES OF ASSIGNMENT AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT IN ORDER TO ENCOURAGE
OR DISCOURAGE MEMBERSHIP IN ANY EMPLOYEES
ORGANIZATION;

4. TERMINATING THE SERVICES OR DISCRIMINATING
AGAINST ANY EMPLOYEE FOR HAVING SIGNED OR FILED
AN AFFIDAVIT, PETITION OR COMPLAINT OR GIVEN ANY
INFORMATION OR TESTIMONY AGAINST THE HEAD OF
THE AGENCY OR MEMBERS OF THE TOP MANAGEMENT;

5. REFUSING TO COLLECTIVELY NEGOTIATE IN GOOD
FAITH WITH THE ACCREDITED EMPLOYEES
ORGANIZATION;

6. VIOLATING ANY OF THE PROVISIONS OF THE
COLLECTIVE NEGOTIATION AGREEMENT;

7. REFUSING TO COMPLY WITH THE PROVISIONS OF THE
CONCILIATION AGREEMENT SIGNED WITH THE
REGISTERED AND/OR ACCREDITED EMPLOYEES’
ORGANIZATION AND ATTESTED BY THE CSC-PRO OR
OTHER CSC AUTHORIZED REPRESENTATIVE; AND

8. OTHER ANALOGOUS ACTS.

(B) ON THE PART OF THE EMPLOYEES - THE FOLLOWING
SHALL CONSTITUTE UNFAIR LABOR-MANAGEMENT
PRACTICES ON THE PART OF THE EMPLOYEES
ORGANIZATION:

1. RESTRAINING OR COERCING ANY EMPLOYEES
ORGANIZATION OR ITS ACTIVITIES;


2. CAUSING OR ATTEMPTING TO CAUSE THE AGENCY
HEAD OR OTHER OFFICERS TO DISCRIMINATE AGAINST
AN EMPLOYEE WHO HAS NOT JOINED OR HAS
WITHDRAWN MEMBERSHIP FROM THE EMPLOYEES’
ORGANIZATOIN;

3, REFUSING TO COLLECTIVELY NEGOTIATE IN GOOD
FAITH WITH THE MANAGEMENT;

4. VIOLATING ANY OF THE PROVISIONS OF THE
COLLECTIVE NEGOTIATION AGREEMENT;

5. REFUSING TO COMPLY WITH THE PROVISIONS OF THE
CONCILIATION AGREEMENT SIGNED WITH THE
MANAGEMENT AND ATTESTED BY THE CSC-PRO OR
OTHER CSC AUTHORIZED REPRESENTATIVE; AND

6. OTHER ANALOGOUS ACTS.

SECTION 3. Section 6 of the said Executive Order is hereby amended to
read as follows:

SECTION 6. THE HEADS OF OFFICES AND OTHER
OFFICERS OF THE AGENCY AS WELL AS OFFICERS AND
MEMBERS OF AN EMPLOYEES’ ORGANIZATION, WHO
PARTICIPATE IN, OR AUTHORIZE AN UNFAIR LABOR
MANAGEMENT PRACTICE, SHALL BE HELD
ADMINISTRATIVELY LIABLE FOR CONDUCT PREJUDICIAL
TO THE BEST INTEREST OF THE SERVICE AND SUCH
OTHER OFFENSES AS MAY BE WARRANTED BY
APPLICABLE LAWS.

SECTION 4. Section 9 of the said Executive Order is hereby amended as
follows:

Section 9. The appropriate organizational unit shall be the
employers unit consisting of rank-and-file employees. [unless
circumstances otherwise require]

SECTION 5. Section 11 of said Executive Order shall be read as follows:

Section 11. A duly registered employees’ organization shall be
accorded [voluntary] MANDATORY recognition upon a showing
that no other employees’ organization is registered or is seeking
registration, based on records of the Bureau of Labor Relations,
and that the said organization has the majority support of the
rank-and-file employees in the organizational unit.


SECTION 6. Title V of the said Executive Order is hereby amended to read
as follows:

V. Right to Collective Negotiation

The Collective Negotiation Agreement, notwithstanding
expiration, shall continue to have legal effect as between
the parties, until a new Collective Negotiation Agreement is
executed.

Section 14. Procedure in Collective Negotiation. The
following procedures shall be observed in collective
negotiation:

(a) When the duly certified collectivenegotiating agent desires
to negotiate an agreement, it shall serve a written notice
upon the management with a statement of its proposal. The
other party shall make a reply thereto not later than ten
(10) calendar days from receipt of such notice;

{b) Should differences arise on the basis of such notice and
reply, either party may request for a conference which shall
begin not later than ten (10) calendar days from the date of
request;

(c) If the dispute is not settled, the Council shall intervene
upon the request of either or both parties. It shall be the
duty of the parties to participate fully and promptly in the
conciliation before the Council;

(d)The Council shall exert all efforts to settle dispute
amicably.

Section 15. The Collective Negotiation Agreement shall
contain terms and conditions of employment or
improvements thereof, except those that are fixed by law,
may be the subject of negotiations between duly recognized
employees organizations and appropriate government
authorities.

The Collective Negotiation Agreement Entered by the
parties, insofar as the representation aspect is concerned,
be for a term of [five years]. Any petition questioning the
majority status of the incumbent collective negotiating
agent shall be dismissed, unless the petition for
certification election is filed within the sixty-day period
before the expiration of the [five- year term] of the
Collective Negotiation Agreement. All other provisions of
the Collective Bargaining Agreement shall be renegotiated
not later than [three] years after its execution.


The Collective Negotiation Agreement, notwithstanding
expiration, shall continue to have legal effects as between
the parties until a new Collective Negotiation Agreement is
executed.

SECTION 7. Title VII of said Executive Order is hereby amended as follows:
VII. NATIONAL Public Sector Labor-Management Council

Section 17. There is hereby created a National Public
Sector Labor-Management Council hereinafter referred to as
‘Council’, which shall be attached to the Civil Service
Commission. The Council shall be composed of:

1. Chairman of the Civil Service Commission, ex officio
chairman

2. Secretary of Labor and Employment, ex officio vice
chairman

3. Secretary of Justice, ex officio member
4. Secretary of Budget and Management, ex officio member

5. Secretary of Interior and Local Government, ex officio
member

6. Representative, National Public Sector Union which have
considerable experience and track record.

The representative from the National Public Sector Union
shall be appointed by the President of the Philippines upon
the recommendation of the Chairman of the Civil Service
Commission and the Secretary of Labor and Employment to
be made on the basis of the list of nominees submitted by
the public sector unions who serve for a term of five (5)
years.

Section 18. Functions and Responsibilities of the Council.
To ensure the protection of the right to self-organization of
the rank-and-file employees, the Council shall:

a. Assist in the formulation and development of programs
which affects government employees’ rights;

b. Exercise jurisdiction over inter-and intra-employees
organizational disputes and those arising from the
interpretation and implementation of the provisions of the
collective negotiation agreement;

5


c. Promulgate rules and regulations in the implementation
of the employees’ right to self-organization;

d. Exercise such other incidental powers and functions as
may be necessary.

Section 19. The National Public Sector Labor-Management
Council shall establish a Regional Public Sector Labor-
Management Board composed of the heads of Regional
Offices and Regional representatives of public sector
unions. It shall be administered under such rules and
regulations as may be established by the Council.

SECTION 8. The existing provisions in Executive Order No. 180 shall be
renumbered accordingly.

SECTION 9. Should any provision herein be declared unconstitutional, the
same shall not affect the validity of the other provisions of this Act.

SECTION 10. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,