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Collective Negotiation Agreement

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Collective Negotiation Agreement

  1. 1. Company LOGO Collective Negotiation Agreement Atty. Daisy B. Punzalan Bragais Director III Civil Service Commission Regional Office No. 5
  2. 2. Some Facts… • As of December 31, 2012 – 7 Registered CNAs (Active) – 108 Registered Unions – 40 Accredited Unions • In Region 5
  3. 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
  4. 4. Collective Negotiation Agreement Accredited employee’s organization Employer/ma nagement Terms & conditions of employment NOT fixed by law
  5. 5. WHEN CAN A UNION START NEGOTIATION WITH MANAGEMENT?
  6. 6. 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
  7. 7. 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
  8. 8. Cost-cutting Measures Entirety and Modification Clause Employee Benefits Program Separability Clause Grievance Machinery Dispute Resolution Effectivity & Duration
  9. 9. WHAT MAY BE THE SUBJECT OF NEGOTIATIONS?
  10. 10. Terms and Conditions of Employment or improvements thereof EXCEPT those that are fixed by law
  11. 11. 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
  12. 12. 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
  13. 13. 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
  14. 14. EXAMPLES OF NEGOTIABLE ITEMS
  15. 15. Bulletin Boards and Union Office Compensatory Time-Off (Overtime Pay) Flexitime Work Schedule Hazard Pay Representation in Committees Study Leave Union Time-off
  16. 16. What CANNOT be Negotiated Increases in Salary Allowance Travel Expenses Other benefits specifically provided by law
  17. 17. EXAMPLES OF NONNEGOTIABLE ITEMS
  18. 18. 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
  19. 19. 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
  20. 20. 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
  21. 21. SAMPLE CNA GROUND RULES * from www.csc.gov.ph
  22. 22. 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.
  23. 23. 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.
  24. 24. Quorum The presence of at least four (4) members from each panel shall be sufficient to hold negotiation meetings.
  25. 25. 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.
  26. 26. 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.
  27. 27. 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.
  28. 28. Venue Negotiation meetings shall be held in a NEUTRAL place convenient to both parties. (The parties may identify the specific venue).
  29. 29. 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.
  30. 30. 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.
  31. 31. 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.
  32. 32. 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.
  33. 33. 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.
  34. 34. Signing Bonus Prohibited and without legal basis. SSS vs. COA, G.R. No. 149240, July 11, 2002
  35. 35. 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
  36. 36. PRE-CONDITIONS FOR THE GRANT OF THE CNA INCENTIVE
  37. 37. 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.
  38. 38. 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
  39. 39. Duration of CNA years
  40. 40. REGISTRATION OF CNA
  41. 41. 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.
  42. 42. The registration of the CNA will NOT validate any provision which is contrary to law, morals, good customs, public policy and public order.
  43. 43. *All images were taken from the internet via google Sources: Primer on CNA, Primer on Registration of CNA

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