Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. _ 6199

Introduced by AKBAYAN Party List Reprsentatives Angelina Ludovice-Katoh
and Ibarra “Barry” M. Gutierrez III

EXPLANTORY NOTE

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

First, this proposed legislative measure seeks to clarify the coverage of union
membership in government unions.It seeks to limit the type of workers that can be
excluded from union coverage.

Second, it provides for a new section in the current rules whichdefine what
consitutes as unfair labor practices that undermines the right to self organization of
government employees. The bill also provides the penalty for officers of agencies
who will engage in unfair labor practices.

‘Third, the proposed measure defines the procedure on how collective negotiations
agreement should be carried out between government agencies and state workers
unions, Additionally, the proposed bill also provides that in cases where the
negotiation of the collective negotiation agreement is delayed, the prevailing
agreement shall continue to in full force and effect.

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

Fifth, the bill seeks the strengthen union participationin the Public Sector Labor-
Management Council (PSLMC). The setting up of regional PSLMCs is likewise
proposed in order to immediately address issues involving state unions based in the
regions.

In sum, this bill seeks to strenghten 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.”


——
ANGELINA I['UDOVICE-KATOH
Akbayan Party List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

6139

HOUSE BILL NO.

Introduced by AKBAYAN Party List Representatives Angelina Ludovice-Katoh and
Ibarra “Barry” M. Gutierrez III

AN ACT
STRENGTHENING THE RIGHT TO ORGANIZE OF GOVERNMENT
EMPLOYEES, AMDENDING 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 180 is herebyamended to read as follows:

“Section 1. This Executive Order applies to all 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 be referred to as “government employees”], RANK AND FILE
EMPLOYEES ARE EMPLOYEES IN THE PUBLIC SECTOR WHOSE
FUNCTION ARE NOT COTERMINOUS 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. 5 UNFAIR LABOR MANAGEMENT PRACTICEPERTAINS
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. INTERFERING 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 OR SHALL
WITHDRAW FROM ONE TO 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;

S. 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’ ORGANIZATION;

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 Orderis 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] MANDATORYrecognition 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


Section. 13. The duly certified exclusive collective
negotiating agent shall initiate a collective proposal to
advance the interests of its membership with appropriate
authorities.

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 e n 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 the said Executive Order is hereby amended as
follows:

Vil. 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 with the Civil Service
Commission. The Council shall be composed of:

1. Chairman of the C
chairman

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

3. Secretary of Justice, ex officio member

4. Secretary of Department of Budget and
Management, ex officio member

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

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

I Service Commission, ex officio

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

Section 18. Functions and Respon: ities of the Counci
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 the government employees
rights;

b. Exercise jurisdiction over inter-and intra-employees
organizational disputes and those arising from


interpretation and implementation of the provisions
of the collective negotiation agreement;

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 which shall be composed of Heads of
the Regional Offices and Regional Representatives of the
Public Sector Union.[t shall be administered under such
rules and regulations as may be established by the Council.

Section 8, The existing provisions in Executive Order 180 shall be renumbered
accordingly.

Section 9. 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,