2. Some Facts…
• As of December 31, 2012
– 7 Registered CNAs (Active)
– 108 Registered Unions
– 40 Accredited Unions
• In Region 5
3. Outline
1. Definition of CNA
2. Steps in coming up with a CNA
3. Essential Provisions of a CNA
4. Negotiable/Non-Negotiable Matters
5. Sample CNA Ground Rules
6. Registration of CNA
5. WHEN CAN A UNION START
NEGOTIATION WITH
MANAGEMENT?
6.
7. Approval &
Ratification by the
General
Membership
Submission to
Management
Negotiation
between the
Management &
Union
Drafting of
CNA Proposal
STEPS
Posting of signed CNA in
conspicuous places for 7 days &
ratification by the majority of the
rank-and-file employees.
Signing by
the Parties
8. Essential Provisions of a CNA
Declaration of Principles
Coverage/Scope of Representation
Union Recognition & Security
Union Rights & Privileges
Management Prerogatives &
Responsibilities and Union
Responsibilities & Accountability
Recruitment, Placement and Career
Development
Health and Safety
11. Terms and Conditions of
Employment or improvements
thereof
EXCEPT those that
are fixed by law
12. Subject of Negotiation
Schedule of vacation and other
leaves
Personnel growth and
development
Communication system- internal
(lateral & vertical), external
Work
assignment/reassignment/detail/tra
nsfer
13. Provision for protection and safety
Provision for facilities for
handicapped personnel
Provision for first aid medical
services and supply
Physical fitness program
Provision for family planning
services for married women
14. Annual medical/physical examination
Recreational, social, athletic and
cultural activities & facilities
CNA incentive pursuant to PSLMC
Resolution No. 4, s. 2002 and
Resolution No. 2, s. 2003
Such other concerns which are not
prohibited by law and CSC rules and
regulations
16. Bulletin Boards and Union Office
Compensatory Time-Off (Overtime Pay)
Flexitime Work Schedule
Hazard Pay
Representation in Committees
Study Leave
Union Time-off
17. What CANNOT be Negotiated
Increases in Salary
Allowance
Travel Expenses
Other benefits specifically
provided by law
19. Allowances
Christmas Grocery Allowance
Rice Allowance
Subsistence Allowance
Bonuses
Anniversary Bonus
Birthday Month Bonus
Christmas Bonus/Cash Gift
Loyalty Bonus
Assistance/Aid/Insurance
Bereavement Assistance
Death Benefit
Calamity Aid
Insurance
20. Other Monetary Benefits
Fringe Benefits
Longevity Pay
Year-end Benefits
14th Month Pay
Health Care/Maintenance
Annual Health Care Benefit/Hospitalization Assistance
Medical, Dental and Optical Health Maintenance Program
Work-Connected Injury
21. Leaves
Chronic Illness/Disease Leave
Day-off for Travel & Travel Leave
Emergency Leave/Special Leave Privileges
Others
Employment of Next of Kin
Housing Program
Service Vehicle
23. Composition of the Negotiating
Panels
Each panel shall be
composed of five (5)
alternatives.
The names of the members of both
parties shall be made known at least
five(5) days before the actual
negotiations.
24. Authority to Negotiate
The principal of both
parties shall give their
respective negotiating
panels the WRITTEN
authority to negotiate and
bind such principals to
the matters agreed upon.
25. Quorum
The presence of at least four
(4) members from each panel
shall be sufficient to hold
negotiation meetings.
26. Relief from Regular Duties &
Responsibilities
The members of the union
negotiating panel, including
the members of its Secretariat,
shall be on official business
throughout the duration of the
negotiation and they shall be
relieved of all their regular
duties and responsibilities.
27. Time Limits & Schedule of
Meetings
Negotiation meetings shall
commence not later than five (5) days
from the submission by both parties
of their respective proposals.
Meetings shall be held at least
three (3) times a week, morning
and afternoon, which may extend
in the evening, if necessary.
The parties may agree to hold
meetings on a daily basis until
the termination of the
agreement.
28. Postponement & Delays
NOT allowed EXCEPT on mutual
agreement by both negotiation
panels.
No delays shall be allowed on the ground that a party
needs time to research or consult/secure an opinion
from an outside source/agency.
30. Expenses
Each party shall bear its own cost for the
preparation of its written proposals and
for other pre-negotiation expenses.
Expenses for the venue, board and
lodging and travel as well as food during
the negotiation proper shall be
shouldered by the agency.
31. Access to Financial & Other
Records of the Agency
The management shall
provide the union with
pertinent audited and verified
financial statements of the
agency and other related
documents.
32. Proceedings
A Secretariat shall
be formed to record
the proceedings of
the negotiations.
The members of the Secretariat shall be
responsible for the preparation of the minutes
of meetings. Minutes of the meetings shall be
approved and duly signed by both parties.
33. Sequence of Issues for
Negotiation
The parties shall first discuss and
negotiate the employees’ political rights
and other non-economic demands.
Nothing shall stop the parties from changing the
sequences of issues or from suspending the
discussion of a particular issue to give way to
another.
34. Observers
Other CSC officials and employees
who wish to observe the
proceedings of the actual
negotiation shall be allowed to do
so, provided that there will be no
disruption of office work.
36. CNA Incentive
Granted to MANAGEMENT and Rankand-File employees
With approved and successfully
implemented CNAs
Provision for CNA incentive
in the CNA
Sourced from
agency savings
39. Are non-members entitled to the
CNA benefits?
YES.
The union represents not only its
members but the entire rank-and-file
employees in the bargaining unit.
The CNA incentive is available even to
non-members subject to the payment of
agency fee.
40. Effectivity Date of CNA
Upon signing by the parties and ratification
by majority of the rank-and-file employees
to be done within 90 days
44. Benefits of Registration
• No challenge to accreditation.
– No petition questioning the majority status of
the incumbent exclusive collective negotiation
representative shall be entertained.
• No certification election shall be conducted
by the DOLE-BLR nor a certificate of
accreditation be issued by the CSC-PRO
outside the freedom period.
45. The registration of
the CNA will NOT
validate any
provision which is
contrary to law,
morals, good
customs, public
policy and public
order.
46. *All images were taken from the internet via google
Sources: Primer on CNA, Primer on Registration of CNA
Editor's Notes
CNA is a contract negotiated between an accredited employees’ organization as the negotiating unit and the employer/management on the terms and conditions of employment and its improvements that are not fixed by law.
Sec. 13, EO 180, June 1, 1987
Union Time off- should always yield to the exigency of the service, priority of which is public service delivery. Union time off is in recognition of the employees’ participation rights, the management and the union may agree on a number of days of official time off per year, to be granted to the union’s Board of Directors, other executive officers and members for the purpose of attending general assemblies and meetings, activities and conferences called by any government agency or other organization/institution. Availment therefore is, however, subject to the usual notification requirements and the exigency of the service. This privilege is non-cumulative and non-commutative.
No postponements of scheduled meetings shall be allowed except on mutual agreement by both negotiating panels.In no case shall consecutive meetings be postponed at the instance or request of only one panel.
Budget Circular No. 2012-4, December 17, 2012
Otherwise, the application for registration shall be denied.PSLMC Res. No. 02, s. 2007
A CAN shall in no case have a life time of more than 3 years. (Sec. 11, PSLMC Res. No. 2, s. 1991)
Freedom period- 60 days prior to the expiration of the agreement
