CSC RESOLUTION NO. 90-1185, December 19, 1990

WHEREAS, Executive Order No. 180 issued on June 1, 1987 and its
Implementing Rules and Regulations which took effect on July 28, 1988,
provide that terms and conditions of employment or improvements thereof,
except those that are fixed by law, may be the subject of negotiations
between accredited unions and appropriate government authorities;

WHEREAS, Executive Order No. 292 which became effective on November
23, 1989 further reiterates that terms and conditions of employment
which are not fixed by law may be subject of negotiations between
recognized employees’ organizations and appropriate government
authorities;

WHEREAS, the right to collectively negotiate on terms and
conditions of employment in the public sector immediately exists upon
the recognition of an employee union or upon its accreditation by the
Civil Service Commission as the sole and exclusive negotiating agent of a
particular organizational unit;

WHEREAS, several employee unions in the public sector have been
properly accredited and recognized as negotiating agents and would want
to avail of this right to the fullest;

WHEREAS, statistics over the years have shown that complaints,
strikes and work stoppages in the public sector were triggered by
discontentment among employees arising from their employer’s working
relationship, hence, the quantity and quality of output of government
operations were adversely affected, exacerbating the economic and social
problems of the country;

WHEREAS, the Civil Service Commission is aware that poor
employee-management relations is usually attributed to the manner agency
policies and decisions are made and implemented;

WHEREFORE, the Commission resolved to prescribe the “Policy
Directions on Collective Negotiations in the Public Sector” as follows:

1. The Commission recognizes and supports the right of
   government employees to collective negotiations with appropriate
   government authorities on terms and conditions of employment not fixed
   by law;
2. The Commission shall continue to provide technical
   assistance for the effective exercise of the right to collective
   negotiations, specifically its integration in the public sector;
3. Employees’ unions shall be allowed to present
   proposals to appropriate authorities which are intended to determine and
   improve terms and conditions of employment not specifically fixed by
   law, and a reply thereto shall be made not later than five (5) working
   days from date of its presentation.
4. Management and union negotiating panels shall be
   established in every government agency as the need arises, specifically
   tasked to meet and rationalize proposals and counter- proposals that
   will determine and regulate terms and conditions of employment not fixed
   by law;
5. The nature and scope of negotiable terms and
   conditions of employment shall be governed by the implementing rules of
   Executive Order No. 180;
6. Officials comprising the management side may be
   authorized to enter into a contract of agreement with a duly accredited
   union, covering terms and conditions of employment not fixed by law;
7. The format of a contract of agreement may be the subject of negotiations;
8. If differences arise between the negotiating parties
   as regards proposals and counter proposals either party may request for a
   conference which shall be held not later than five (5) working days
   from date of request;
9. If such differences remain unsettled, despite the
   conference, the Commission, through the Office for Personnel Relations
   (OPR) shall upon the request of either party or both, or upon its own
   initiative, as provided for in CSC Memorandum Circular No. 47, series of
   1990, immediately call the parties concerned for conciliation meetings;

10. During the conciliation proceedings, the parties are
    prohibited from committing any act which may impede or disrupt the early
    settlement of said differences;
11. The OPR shall exert its best efforts to settle the said differences amicably;
12. If no amicable settlement is reached after exhausting
    avenues of conciliation, the OPR shall certify the dispute for
    resolution to the Public Sector Labor Management Council (PSLMC) which
    shall decide the case within forty-five (45) days from the first
    meeting; and
13. When the negotiating parties eventually reach an
    agreement, a copy of the contract of agreement shall be submitted to the
    Commission, through the OPR, for documentation and monitoring.

Adopted: 19 Dec. 1990 .